People v. Patricia Payne Book Reviews

People v. Patricia Payne by Supreme Court of New York Book Summary

DECISION & ORDER In order to sustain the findings of guilt against the defendant for criminal possession and criminal
sale of a controlled substance, "it must appear that the jurors could properly draw an inference from the evidence presented
that the defendant acted with the mental culpability necessary to commit the crime charged and that furtherance thereof [she]
solicited, requested, commanded, importuned or intentionally aided the seller to commit such crime" (People v Reyes, 82 A.D.2d
925, 925-926; Penal Law § 20.00). We hold that the evidence adduced in this case was legally sufficient to prove that the
defendant had the requisite mental culpability for the crimes of criminal sale of a controlled substance in the third degree
and criminal possession of a controlled substance in the third degree (cf., People v Vazquez, 115 A.D.2d 626; People v Marshall,
72 A.D.2d 922). The People's evidence demonstrated that the defendant sat at a bar in close proximity to a co-defendant who negotiated the
drug sale and received the "buy money" from an undercover officer. Then, at the request of the co-defendant, she placed her
hands under the bar, retrieved a tinfoil packet containing cocaine, and handed it to the co-defendant, who immediately passed
it along to the officer. Contrary to the defendant's assertions on this appeal, the defendant's involvement did not involve
mere presence at the scene. The defendant's intentional participation in the transaction and knowing possession of the contraband
was evidenced by her conduct. Upon the exercise of our factual review power we are satisfied that the evidence established
the defendant's guilt beyond a reasonable doubt and that the verdict was not against the weight of the evidence (see, CPL
470.15[5]).

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