PEOPLE v. NEWLAND


300 A.D.2d 199 (2002)

751 N.Y.S.2d 848

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN NEWLAND, Appellant.

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

Decided December 24, 2002.


The jury's verdict rejecting defendant's agency defense was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility. In any event, even if defendant's testimony were to be fully credited, it would negate an agency defense because defendant admitted that his sole motive for arranging the transaction was to obtain a benefit for himself, consisting of half of the drugs...

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