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PEOPLE v. HARMON

221 A.D.2d 207 (1995)

633 N.Y.S.2d 172

The People of the State of New York, Respondent, v. Mark Harmon, Appellant

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

November 14, 1995

The jury could have reasonably concluded from the evidence that defendant had an ongoing business relationship with an unknown heroin seller behind the dumpster, or that the heroin sold to the undercover officer was from defendant's own stash. Agency "is generally a factual question[;] * * * [t]here is no legal formula for determining the defendant's intent at the time of the drug transfer" (People v Lam Lek Chong,

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