People v. Carter — 89 A.D.3d 1101

Majority

p. 1101

The People of the State of New York, Respondent, v Leroy Carter III, Appellant.

[933 NYS2d 581]

p. 1102

The defendant’s contention that the evidence was legally insufficient to establish his guilt beyond a reasonable doubt is unpreserved for appellate review (see People v Hawkins, 11 NY3d 484 [2008]) and, in any event, is without merit. Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt of the crimes charged beyond a reasonable doubt. Moreover, upon our independent review pursuant to CPL 470.15 (5), we are satisfied that the verdict was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]). Contrary to the defendant’s contention, the People proved that he was not acting as the agent or mere extension of the buyer (see People v Roche, 45 NY2d 78 , 82-83 [1978], cert denied 439 US 958 [1978]; People v Matos, 123 AD2d 330 , 331 [1986]). The evidence adduced at trial established that the defendant displayed an independent interest in the sale and his behavior “purposefully affected or furthered the sale of the controlled substance” (People v Martinez, 289 AD2d 259 , 259 [2001] [internal quotation marks omitted]; see People v Roche, 45 NY2d at 81 ; People v Torres, 150 AD2d 816 , 816 [1989]).

The defendant’s contention that the failure of tried counsel to preserve a certain contention for appellate review constituted ineffective assistance of counsel is without merit (see People v Phillips, 84 AD3d 1274 , 1274-1275 [2011]; People v Greenlee, 70 AD3d 966 , 967 [2010]; People v Toberas, 60 AD3d 791 , 793 [2009]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

The defendant’s remaining contentions are without merit. Rivera, J.P, Leventhal, Belen and Roman, JJ., concur.

Cases cited

People v. Hawkins 11 NY3d 484 N.Y. 2008-11-25 p. 1102
People v. Contes 60 NY2d 620 N.Y. 1983-09-01 p. 1102
People v. Romero 7 NY3d 633 N.Y. 2006-11-21 p. 1102
People v. Roche 45 NY2d 78 N.Y. 1978-06-15 at 82-83 p. 1102
American Air Filter Co. v. Federal Trade Commission 439 US 958 SCOTUS 1978-11-06 p. 1102
People v. Martinez 289 AD2d 259 N.Y. App. Div. 2001-12-03 at 259 p. 1102
People v. Torres 150 AD2d 816 N.Y. App. Div. 1989-05-30 at 816 p. 1102
People v. Phillips 84 AD3d 1274 N.Y. App. Div. 2011-05-24 at 1274-1275 p. 1102
People v. Greenlee 70 AD3d 966 N.Y. App. Div. 2010-02-16 at 967 p. 1102
People v. Suitte 90 AD2d 80 N.Y. App. Div. 1982-11-22 p. 1102