PEOPLE v. SMOOT


258 A.D.2d 539 (1999)

685 N.Y.S.2d 454

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL SMOOT, Appellant.

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

Decided February 8, 1999.


Ordered that the judgment is affirmed.

The defendant was convicted of criminal sale of a controlled substance in the third degree for selling heroin to an undercover officer in exchange for ten dollars in prerecorded "buy" money. On appeal, the defendant contends that his conviction was against the weight of the evidence because he credibly testified that he was simply waiting in line to purchase drugs for his own use when another individual made the sale. However...

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