PEOPLE v. CAMACHO (2004)

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

The PEOPLE of the State of New York, Respondent, v. Hector CAMACHO, Defendant-Appellant.

Decided: October 14, 2004

MAZZARELLI, J.P., SULLIVAN, FRIEDMAN, GONZALEZ, CATTERSON, JJ.

Laura R. Johnson, The Legal Aid Society, New York (Steven R. Berko of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Jillian E. Wieder of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Dominic R. Massaro, J.), rendered October 4, 2001, convicting defendant, after a jury trial, of two counts of criminal sale of a controlled substance in the second degree and three counts of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to an aggregate term of 9 years to life, unanimously affirmed.

The verdict was not against the weight of the evidence. The People disproved defendant's agency defense beyond a reasonable doubt (see People v. Lam Lek Chong, 45 N.Y.2d 64, 74-75, 407 N.Y.S.2d 674, 379 N.E.2d 200 [1978], cert. denied 439 U.S. 935, 99 S.Ct. 330, 58 L.Ed.2d 331 [1978] ). The evidence overwhelmingly supported the conclusion that defendant was a participant in the drug-selling operation, with an ongoing working relationship with the other participants, and that he was not acting as an extension of the buyer.

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