PEOPLE v. CAMACHO (2004)

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.