PEOPLE v. NEGRON (2003)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Juan NEGRON, Defendant-Appellant.

Decided: November 25, 2003

BUCKLEY, P.J., TOM, ELLERIN, GONZALEZ, JJ.

Christopher Wilson, for Respondent. Laura I. Appleman, for Defendant-Appellant.

Judgment, Supreme Court, New York County (Lewis Stone, J.), rendered November 9, 2001, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal sale of a controlled substance on or near school grounds, and sentencing him, as a second felony offender, to concurrent terms of 6 to 12 years, unanimously affirmed.

The verdict was not against the weight of the evidence. Defendant's accessorial liability was established by evidence warranting the conclusion that defendant offered to sell the undercover officers a particular brand of drugs, and that upon the officers' acceptance, defendant directed his companion to make the sale at a nearby location (see People v. Bello, 92 N.Y.2d 523, 683 N.Y.S.2d 168, 705 N.E.2d 1209; People v. Felix, 277 A.D.2d 131, 717 N.Y.S.2d 60, lv. denied 96 N.Y.2d 734, 722 N.Y.S.2d 801, 745 N.E.2d 1024).

We perceive no basis for reducing the sentence.

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