PEOPLE v. GILLIARD


177 A.D.2d 707 (1991)

The People of the State of New York, Respondent, v. Maurice Gilliard, Also Known as Tyrone Corbin, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 25, 1991


Ordered that the judgments are affirmed.

The defendant argues that at the trial of Indictment Number 11189/88 the People failed to disprove beyond a reasonable doubt that he was acting as an agent of the undercover officer. In determining whether a defendant is a seller or merely acting as a procuring agent for the buyer, the following factors must be considered: "`(1) did the defendant act as a mere extension of the buyer throughout the relationship, with no independent...

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