Opinion · Nylaw New York

PEOPLE v. RIVERA, 248 A.D.2d 289 [1st Dept 1998]

PEOPLE OF THE STATE OF N.Y., Respondent, v. HENRY RIVERA,Appellant., 670 N.Y.S.2d 85 (Appellate Division of the Supreme Court of New York, First Department. 1998)

Type
Opinion
Court
Nylaw New York
Jurisdiction
Nylaw
Date
1998-03-26
Topic
general

PEOPLE v. RIVERA, 248 A.D.2d 289 [1st Dept 1998] 670 N.Y.S.2d 85 THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HENRY RIVERA,Appellant.Appellate Division of the Supreme Court of New York, First Department. March 26, 1998 Appeal from the Supreme Court, New York County (Fence Shea, J.). The verdict was based on legally sufficient evidence and was not against the weight of the evidence.

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PEOPLE v. RIVERA,248 A.D.2d 289[1st Dept 1998]
670 N.Y.S.2d 85
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HENRY RIVERA,
Appellant.
Appellate Division of the Supreme Court of New York, First Department.
March 26, 1998
Appeal from the Supreme Court, New York County (Fence Shea, J.).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The entire course of conduct among defendant, the undercover officer, and the codefendant established that defendant intentionally participated in the sale by taking the officer's order for drugs, and that defendant did not act as the officer's agent (see, People v.Sanchez,243 A.D.2d 312). We see no reason to disturb the jury's credibility determinations.

The record supports the court's determination, which isPage 290entitled to considerable deference, that the prosecutor's explanations for his challenges to two Latino potential jurors were not pretextual (Batson v. Kentucky,476 U.S. 79;People v.Hernandez,75 N.Y.2d 350, and500 U.S. 362).

Viewing the charge as a whole, we find that it adequately conveyed the appropriate principles of law with respect to defendant's agency defense (see, People v. Job,87 N.Y.2d 956).

Concur — Lerner, P. J., Milonas, Rosenberger, Nardelli and Williams, JJ.