PEOPLE v. ROBINSON


210 A.D.2d 169 (1994)

620 N.Y.S.2d 361

The People of the State of New York, Respondent, v. Joe Robinson, Appellant

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

December 22, 1994


Viewing the evidence in a light most favorable to the People (People v Malizia, 62 N.Y.2d 755, 757, cert denied 469 U.S. 932), there was sufficient evidence to rebut the defense that defendant was merely an agent of the undercover officer. After the officer asked defendant for "caps", defendant replied affirmatively and told the officer to follow him, indicating that "his man" had "nickels". Defendant escorted the officer...

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