People v. Rodriguez
| Decision Date | 27 July 2000 |
| Citation | 274 A.D.2d 826,711 N.Y.S.2d 865 |
| Court | New York Supreme Court — Appellate Division |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>EDDIE O. RODRIGUEZ, Appellant. |
Following an unsuccessful motion to suppress certain eavesdropping evidence obtained by the Attorney General's Organized Crime Task Force during its investigation of a cocaine distribution operation, defendant was convicted after trial of conspiring with nine others to commit the crimes of criminal sale and criminal possession of a controlled substance. Defendant was also convicted of two counts of criminal sale of a controlled substance in the first degree, five counts of criminal possession of a controlled substance in the first degree and five counts of criminal possession of a controlled substance in the third degree. Sentenced as a second felony offender to an aggregate prison term of 50 years to life, defendant appeals. Finding none of defendant's contentions advanced on appeal to be meritorious, we affirm.
Defendant's principal argument is that there was not legally sufficient evidence to support his conspiracy conviction. Specifically, he argues that he was merely an occasional supplier with no stake in any large-scale distribution organization, that he had no knowledge of the details of the distribution chain and that he had made no agreement to participate in any conspiracy. Upon our review of record, there was ample evidence from which the jury could rationally infer that defendant had knowledge of and agreed to participate in a conspiracy to distribute cocaine (see, People v Brooks, 268 AD2d 889, lv denied 95 NY2d 794).
The evidence at trial revealed that defendant regularly supplied vast amounts of cocaine to an organization in New York headed by James Pope who, in turn, distributed same for resale in various parts of the United States. Initially these transactions took place in Puerto Rico, where defendant resided. Later, after various of Pope's couriers were arrested while attempting to bring the drugs into this country, defendant personally transported the cocaine to New York City where he would meet with Pope or his agents.
Notably, Pope testified that during a six-month period in 1996, he purchased cocaine from defendant on several occasions for the purpose of distributing same. These amounts ranged from three to 21 kilograms, with some sales having been consummated after nearly $315,000 in cash was paid to defendant. Many witnesses confirmed the details surrounding the continuing transactions between defendant and Pope— including the sizeable amounts of cocaine and money being exchanged—as well as Pope's subsequent distribution of the drugs. Recorded telephone conversations further established the details of these transactions, revealing that defendant dealt with numerous members of Pope's New York...
To continue reading
Request your trial
-
People v. Anderson
...marks, ellipsis and citations omitted], lv. denied 89 N.Y.2d 1009, 658 N.Y.S.2d 247, 680 N.E.2d 621 [1997] ; see People v. Rodriguez, 274 A.D.2d 826, 828, 711 N.Y.S.2d 865 [2000], lv. denied 95 N.Y.2d 938, 721 N.Y.S.2d 614, 744 N.E.2d 150 [2000] ). The record provides no support for defenda......
-
People v. Victor
...A.D.2d 610, 617–618, 732 N.Y.S.2d 664 [2001], affd. 99 N.Y.2d 202, 753 N.Y.S.2d 437, 783 N.E.2d 502 [2002] ; People v. Rodriguez, 274 A.D.2d 826, 827–828, 711 N.Y.S.2d 865 [2000], lv. denied 95 N.Y.2d 938, 721 N.Y.S.2d 614, 744 N.E.2d 150 [2000] ). Jenkins testified at length about how she ......
-
People v. Harris
...People v Contes, supra; People v Parsons, 275 A.D.2d 933, 934, lv denied 95 N.Y.2d 937, cert denied ___ US ___, 121 S Ct 1662; People v Rodriguez, 274 A.D.2d 826, lv denied 95 N.Y.2d 938; People v Canale, 268 A.D.2d 699; People v Sledge, 223 A.D.2d 922, lv denied 88 N.Y.2d 854). The evidenc......
-
Layne v. Capra
...agreement to cause the commission of the object crime may be inferred fromthe circumstantial evidence"); see also People v. Rodriguez, 274 A.D.2d 826, 827 (3d Dep't 2000) (upholding conspiracy verdict based in part on circumstantial evidence). Layne argues that the calls do not show his agr......