PEOPLE v. SMART


276 A.D.2d 443 (2000)

716 N.Y.S.2d 562

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEPHEN SMART, Appellant.

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

Decided October 31, 2000.


The court's verdict was based on legally sufficient evidence and was not against the weight of the evidence. The court properly rejected defendant's agency defense, since the evidence established that defendant acted primarily for his own benefit in negotiating and promoting the sale, and that the benefit he received cannot be described as incidental (see, People v Lam Lek Chong, 45 N.Y.2d 64, 75, cert denied 439 U.S. 935...

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