185 A.D.2d 866

The People of the State of New York, Respondent, v Victor Vaughn, Appellant.

— Appeal by the defendant from three judgments of the Supreme Court, Kings County (Firetog, J.), all rendered July 24, 1990, convicting him of criminal possession of a controlled substance in the first degree, criminal possession of a controlled substance in the third degree, criminal possession of a controlled substance in the seventh degree, and criminal sale of a controlled substance in the third degree, upon a jury verdict, under Indictment No. 3412/ 89, and criminal sale of a controlled substance in the third degree (two counts; one each under Indictment Nos. 607/89 and 918/89), upon his pleas of guilty, and imposing sentences of concurrent indeterminate terms of 25 years to life imprisonment for criminal possession of a controlled substance in the first degree, 8 Vs to 25 years imprisonment for criminal possession of a controlled substance in the third degree and all counts of criminal sale of a controlled substance in the third degree, and a definite term of one year for criminal possession of a controlled substance in the seventh degree.

Ordered that the judgment rendered under Indictment No. 3412/89 is modified, as a matter of discretion in the interest of justice, by reducing the sentence for criminal possession of a controlled substance in the first degree to 15 years to life imprisonment; as so modified, the judgment is affirmed; and it is further,

Ordered that the judgments rendered under Indictment Nos. 607/89 and 918/89 are affirmed.

The trial court’s refusal to instruct the jury with regard to an agency defense was proper since no reasonable view of the evidence could warrant a finding that the defendant acted as a mere instrumentality of the buyer, especially in light of the testimony which indicated that the defendant had a "direct interest in the contraband being sold” and that he, acting in concert with his codefendant, performed his function with a *867profit motive in mind (see, People v Roche, 45 NY2d 78, 85-86, cert denied 439 US 958).

The sentence imposed under Indictment No. 3412/89 was excessive to the extent indicated. The defendant’s remaining contentions, including those raised in his supplemental pro se brief, are unpreserved for our review (CPL 470.05 [2]) or without merit. Bracken, J. P., Sullivan, Rosenblatt and Lawrence, JJ., concur.

People v. Vaughn
185 A.D.2d 866

Case Details

Name
People v. Vaughn
Decision Date
Aug 10, 1992
Citations

185 A.D.2d 866

Jurisdiction
New York

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