PEOPLE v. PETIONI


198 A.D.2d 107 (1993)

603 N.Y.S.2d 467

The People of the State of New York, Respondent, v. Darryl Petioni, Also Known as Darryl Pettoni, Appellant

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

November 16, 1993


Defendant's contention that the testimony of the undercover officer, who was the only witness to testify as to defendant's participation in the sale, was incredible, is without merit.

The evidence established that the undercover gave defendant $3.00 in prerecorded buy money, which defendant gave to his accomplice and from whom defendant received 3 valiums. Defendant raised the agency defense, and Criminal Term so charged the jury. Viewing the evidence in the light...

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