From Casetext: Smarter Legal Research

People v. Rodriquez

Appellate Division of the Supreme Court of New York, Second Department
Jun 30, 1980
76 A.D.2d 937 (N.Y. App. Div. 1980)

Opinion

June 30, 1980


Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered September 30, 1976, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence. Judgment affirmed. Defendant, in raising the defense of agency for the first time on appeal, has waived appellate review of this issue as a matter of law (see CPL 470.05, subd 2; People v. Darrisaw, 49 N.Y.2d 786). We find nothing in the record before us warranting our review as a matter of discretion in the interest of justice (see CPL 470.15, subd 5; People v. Sims, 45 A.D.2d 747, affd 37 N.Y.2d 906). We have examined defendant's other contention and find it to be without merit. Rabin, J.P., Gulotta, O'Connor and Weinstein, JJ., concur.


Summaries of

People v. Rodriquez

Appellate Division of the Supreme Court of New York, Second Department
Jun 30, 1980
76 A.D.2d 937 (N.Y. App. Div. 1980)
Case details for

People v. Rodriquez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS RODRIQUEZ…

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

Date published: Jun 30, 1980

Citations

76 A.D.2d 937 (N.Y. App. Div. 1980)