In order to hold an alleged accessory liable for criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]), the People must establish, beyond a reasonable doubt, that the alleged accessory possessed the mental culpability necessary to commit the crime charged, and that in furtherance thereof, he solicited, requested, commanded, importuned, or intentionally aided the principal (see, Penal Law § 20.00; People v Kaplan,
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PEOPLE v. JOHNSON
238 A.D.2d 267 (1997)
657 N.Y.S.2d 27
The People of the State of New York, Respondent, v. Harold Johnson, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
April 24, 1997
April 24, 1997
Appellate Division of the Supreme Court of the State of New York, First Department.
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