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PEOPLE v. SAMUELS

99 N.Y.2d 20 (2002)

780 N.E.2d 513

750 N.Y.S.2d 828

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.

Court of Appeals of the State of New York.

Decided November 14, 2002.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City (Lisa Joy Robertson and Robert S. Dean of counsel), for Rodney Samuels, appellant.

Ellen Dille, New York City, and Andrew C. Fine for Edward Henderson, appellant.

Robert M. Morgenthau, District Attorney, New York City (Donald J. Siewert of counsel), for respondent.

Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

Chief Judge KAYE.

Defendants have been convicted of criminal sale of a controlled substance, third degree (Penal Law § 220.39 [1]) on the basis of their offer to sell crack cocaine to an undercover police officer. They argue that there was insufficient evidence to support conviction on an "offer to sell" theory, and that the jury instructions failed to state the elements of the crime. Neither argument has merit.

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