Majority
p. 342The People of the State of New York, Respondent, v Francisco Ranno, Appellant. [598 NYS2d 258]
—Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered April 5, 1990, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the first degree, and sentencing him to a term of 20 years to life, unanimously affirmed.
In view of defendant’s salesmanlike behavior in counting the money, arranging the sale price, and taking a profit, no reasonable view of the evidence would support a finding that he was acting as an agent of the buyer, and his request for an agency charge was properly denied (People v Ortiz, 76 NY2d 446 ; People v Argibay, 45 NY2d 45 , cert denied sub nom. Hahn-DiGuiseppe v New York, 439 US 930 ). Concur—Murphy, P. J., Sullivan, Carro, Kupferman and Rubin, JJ.
Cases cited
- People v. Ortiz 76 NY2d 446 p. 342
- People v. Argibay 45 NY2d 45 p. 342