People v. Wright

• Decision Date: 11 February 1965
• Citation: 257 N.Y.S.2d 958,15 N.Y.2d 851
• Parties: , 205 N.E.2d 877 The PEOPLE etc., Respondent, v. Nathaniel WRIGHT, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 958

257 N.Y.S.2d 958

15 N.Y.2d 851, 205 N.E.2d 877

The PEOPLE etc., Respondent, v. Nathaniel WRIGHT, Appellant.

Court of Appeals of New York.

Feb. 11, 1965.

Appeal from Supreme Court, Appellate Division, Second Department, 20 A.D.2d 652, 246 N.Y.S.2d 250.

Defendant was convicted on four counts of felonious possession of a narcotic drug with intent to sell and of felonious sale of a narcotic drug. The County Court, Orange County, Edward M. O'Gorman, J., entered judgment, and the defendant appealed.

The Appellate Division affirmed the judgment by a divided court and held that evidence established that the defendant was the seller of the narcotic drug and not merely the buyer's accomplice or agent in purchasing the narcotic drug.

The Court of Appeals,15 N.Y.2d 555, 254 N.Y.S.2d 368, 202 N.E.2d 910, affirmed the judgment.

Motion was made in the Court of Appeals to amend the remittitur.

Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there was presented and necessarily passed upon a question under the Constitution of the United States, viz.: Appellant contended that he was denied due process of law, in violation of his rights under the Fourteenth Amendment of the Constitution of the United States, by virtue of the use by the police of an undercover agent who was an admitted narcotics addict with a record of six previous convictions. The Court of Appeals held that appellant's constitutional rights were not violated.