People v. Brandon — 209 A.D.2d 997

Majority

p. 997

The People of the State of New York, Respondent, v Darnell Brandon, Appellant.

[621 NYS2d 961]

—Judgment unanimously affirmed. Memorandum: The jury’s rejection of defendant’s agency defense was not contrary to the weight of the evidence (see, People v Bleakley, 69 NY2d 490 , 495; see also, People v Lam Lek Chong, 45 NY2d 64 , cert denied 439 US 935 ; People v Foskit, 168 AD2d 961 , lv denied 77 NY2d 877 ). The People proved the aggregate weight of the cocaine beyond a reasonable doubt (see, People v Smith, 209 AD2d 996 [decided herewith]; People v Nelson, 144 AD2d 714 , 717, lv denied 73 NY2d 894 ; People v Konyack, 99 AD2d 588 ; Donnino, Practice Commentaries, McKinney’s Cons Law of NY, Book 39, Penal Law art 220, at 9-11). We reject the contention that the prosecutor’s use of a chart during summation deprived defendant of a fair trial (see, People v Galloway, 54

p. 998

NY2d 396 , 401; People v Smith, supra). Defendant’s sentence is not harsh or excessive. (Appeal from Judgment of Onondaga County Court, Cunningham, J.—Conspiracy, 2nd Degree.) Present—Green, J. P., Pine, Lawton, Callahan and Doerr, JJ.

Cases cited

People v. Bleakley 69 NY2d 490 N.Y. 1987-05-07 at 495 p. 997
People v. Lam Lek Chong 45 NY2d 64 N.Y. 1978-06-15 p. 997
People v. Foskit 168 AD2d 961 N.Y. App. Div. 1990-12-21 p. 997
People v. Konyack 99 AD2d 588 N.Y. App. Div. 1984-01-19 p. 997