PEOPLE v. GUTHRIE


57 A.D.3d 1168 (2008)

869 N.Y.S.2d 292

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH GUTHRIE, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

December 18, 2008.


Cardona, P.J.

Defendant was convicted following a jury trial of criminal sale of a controlled substance in the third degree and was sentenced, as a second felony offender, to a prison term of 7½ years, followed by three years of postrelease supervision.

Initially, we find that there was legally sufficient evidence for the jury to reject defendant's agency defense. "[W]hether the defendant was a seller, or merely a purchaser doing a favor for a friend...

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