THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
RODNEY SAMUELS, Appellant.
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
EDWARD HENDERSON, Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
May 22, 2001.
May 22, 2001.
Attorney(s) appearing for the Case
Donald J. Siewert of counsel (Robert M. Morgenthau, District Attorney of New York County, attorney), for respondent.
Lisa Joy Robertson of counsel (Robert S. Dean, attorney), for Rodney Samuels, appellant.
Ellen Dille of counsel (M. Sue Wycoff, attorney), for Edward Henderson, appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.
OPINION OF THE COURT
FRIEDMAN, J.
In People v Mike (92 N.Y.2d 996), the Court of Appeals held that a conviction of criminal sale of a controlled substance premised upon an "offering for sale" theory (see, Penal Law § 220.00 [1]) must be supported by evidence of a bona fide offer to sell, which means that the evidence must show that the defendant had both the intent and the ability to proceed with the...
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