PEOPLE v. PENA


188 A.D.2d 349 (1992)

The People of the State of New York, Respondent, v. Joaquin Pena, Appellant

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

December 8, 1992


Defendant's conviction after jury trial arises out of his possession and sale of narcotics to an apprehended buyer, observed by two plainclothes narcotics officers. Although defendant and a witness in his behalf offered some evidence of innocent purpose at the location, when viewing the evidence at trial in the light most favorable to the People and giving them the benefit of every reasonable inference (People v Malizia, 62 N.Y.2d 755

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