People v. Wright

Citation254 N.Y.S.2d 368,15 N.Y.2d 555
Parties, 202 N.E.2d 910 The PEOPLE, etc., Respondent, v. Nathaniel WRIGHT, Appellant.
Decision Date19 November 1964
CourtNew York Court of Appeals Court of Appeals

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

Prosecution for sale of a narcotic durg and for possession of a narcotic drug with intent to sell.

The County Court, Orange County, Edward M. O'Gorman, J., entered judgment of conviction, and the defendant appealed.

The Appellate Division, by a divided court, held that the evidence established that defendant was the seller of the drugs and not merely the buyer's accomplice or agent in purchasing the drugs, and the defendant appealed by permission of a judge of the Court of Appeals.

John Vincent Delaney, New York City, for defendant-appellant.

Abraham Isseks, Middletown, for respondent.

Judgment affirmed.

All concur.

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12 cases
  • People v. Lam Lek Chong
    • United States
    • New York Court of Appeals Court of Appeals
    • June 15, 1978
    ...286 App.Div. 1141, 145 N.Y.S.2d 437; People v. Lindsey, 12 N.Y.2d 958, 238 N.Y.S.2d 956, 189 N.E.2d 492; People v. Wright, 15 N.Y.2d 555, 254 N.Y.S.2d 368, 202 N.E.2d 910; People v. Bray, 15 N.Y.2d 637, 255 N.Y.S.2d 862, 204 N.E.2d 196; People v. Hollins, 19 N.Y.2d 864, 280 N.Y.S.2d 594, 22......
  • People v. Roche
    • United States
    • New York Court of Appeals Court of Appeals
    • June 15, 1978
    ...function must be performed without any profit motive (compare People v. Wright, 20 A.D.2d 652, 246 N.Y.S.2d 250, affd. 15 N.Y.2d 555, 254 N.Y.S.2d 368, 202 N.E.2d 910, with People v. Lindsey, 16 A.D.2d 805, 228 N.Y.S.2d 427, affd. 12 N.Y.2d 958, 238 N.Y.S.2d 956, 189 N.E.2d 492). If he is i......
  • People v. Fortes
    • United States
    • New York Supreme Court — Appellate Division
    • June 17, 1965
    ... ... An issue is raised as to agency where the purchaser induces the defendant to take him to the supplier and ... the defendant makes the purchase under the immediate supervision of the eventual buyer (People v. Wright, 20 A.D.2d 652, 246 N.Y.S.2d 250, affd. 15 N.Y.2d 555, 354 N.Y.S.2d 368, 202 N.E.2d 910), though even these facts are not conclusive as to an agency but only raise an issue. A holding that the facts here ... ...
  • People v. Fisher
    • United States
    • New York Supreme Court — Appellate Division
    • November 30, 1970
    ...638, affd. 24 N.Y.2d 810, 300 N.Y.S.2d 589, 248 N.E.2d 444; People v. Wright, 20 A.D.2d 652, 246 N.Y.S.2d 250, affd. 15 N.Y.2d 555, 254 N.Y.S.2d 368, 202 N.E.2d 910). In People v. Silverman, 23 A.D.2d 947, 260 N.Y.S.2d 43, relied on by appellant, the trial court refused to charge the jury a......
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1 books & journal articles
  • 17.22 - V. Judicially Created Defense Of Agency
    • United States
    • New York State Bar Association NY Criminal Practice Chapter 17 Defenses
    • Invalid date
    ...427 (2d Dep’t 1962), aff’d, 12 N.Y.2d 958, 238 N.Y.S.2d 956 (1963); People v. Wright, 20 A.D.2d 652, 246 N.Y.S.2d 250 (2d Dep’t), aff’d, 15 N.Y.2d 555, 254 N.Y.S.2d 368 (1964); People v. Whitter, 54 A.D.2d 987, 388 N.Y.S.2d 661 (2d Dep’t 1976).[2768] . People v. Roche, 45 N.Y.2d 78, 407 N.Y......

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