(Download) "People State New York v. Waverly Lindsey and Alfonso Norris" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. Waverly Lindsey and Alfonso Norris
- Author : Supreme Court of New York
- Release Date : January 14, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Appeal by each of two named defendants from a judgment of the County Court, Richmond County, rendered April 8, 1960 after a jury trial, convicting him of (1) felonious sale of a narcotic drug on October 4, 1958 to one Sidney Shepard (Penal Law, § 1751); (2) felonious possession of a narcotic drug with intent to sell on October 4, 1958 (Penal Law, § 1751, subd. 2); (3) unlawful possession of a narcotic drug on October 4, 1958 as a misdemeanor (Penal Law, § 1751-a); and (4) conspiracy to illegally possess and sell to said Sidney Shepard on October 4, 1958, a quantity of marijuana, as a misdemeanor (Penal Law, § 580), and imposing sentence. As to each defendant, judgment reversed on the law and the facts, indictment dismissed, and bail exonerated. The defendants' conviction rests on a single sale of a narcotic drug. The principal evidence as to the sale was given by a police officer who had disguised his real identity and had induced defendants to introduce him to one Isador Littman, the seller of the drug. From the proof adduced, it clearly appears that defendants acted as agents for such police officer and received no financial profit from the single sale involving only $5 allegedly made in concert with said Littman (who was originally a co-defendant, but who pleaded guilty to unlawful possession of the narcotic drug and hence was not tried with the defendants-appellants). We find no proof that defendants were in any way associated or connected with Littman, the seller, in a common scheme or plan. Under the circumstances, the learned trial court should have applied the rule that one who acts solely as the agent of the buyer cannot be convicted of the crime of selling narcotics, and should have granted the defendants' motions to dismiss the indictment (People v. Branch, 13 A.D.2d 714; People v. Buster, 286 App. Div. 1141; United States v. Sawyer, 210 F.2d 169; United States v. Moses, 220 F.2d 166). Kleinfeld, Brennan, Rabin and Hopkins, JJ., concur; Beldock, P.J., dissents and votes to affirm, with the following memorandum: Whether defendants were the agents of the seller as
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