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People v. McAllister

Appellate Division of the Supreme Court of New York, First Department
Apr 2, 1991
172 A.D.2d 154 (N.Y. App. Div. 1991)

Opinion

April 2, 1991

Appeal from the Supreme Court, New York County (Paul Bookson, J.).


Defendant's arrest arose out of a "buy and bust" operation. We find defendant's contention that he was an agent of the undercover officer and therefore not culpable to be without merit. The issue of agency is for the jury to decide. (People v Lam Lek Chong, 45 N.Y.2d 64, 74, cert denied 439 U.S. 935.) Defendant personally took the undercover officer to co-defendant Vasquez and told Vasquez that the undercover officer "wants two." Defendant acted as the conduit for the money and the drugs. As in People v. Windley ( 78 A.D.2d 55, 58), "defendant's over-all manner and actions substantiate that this was a well-choreographed, two-person drug operation, conducted by two street-wise entrepreneurs."

Concur — Milonas, J.P., Ross, Kassal, Smith and Rubin, JJ.


Summaries of

People v. McAllister

Appellate Division of the Supreme Court of New York, First Department
Apr 2, 1991
172 A.D.2d 154 (N.Y. App. Div. 1991)
Case details for

People v. McAllister

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAWRENCE McALLISTER…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 2, 1991

Citations

172 A.D.2d 154 (N.Y. App. Div. 1991)
567 N.Y.S.2d 474

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