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PEOPLE STATE NEW YORK v. LUVIN GORY (10/21/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


October 21, 1968

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
LUVIN GORY, APPELLANT

Judgment of the County Court, Dutchess County, rendered October 11, 1966, affirmed.

Beldock, P. J., Christ, Brennan, Rabin and Benjamin, JJ., concur.

Defendant was convicted of the unlawful sale and possession of narcotic drugs (former Penal Law, ยงยง 1751, 1751-a) on the testimony of a police undercover agent who made a purchase of marijuana from defendant. The overwhelming weight of the evidence, in our opinion, established that defendant did not act solely as an agent of the buyer; that there was no entrapment, even if it be assumed that entrapment was a defense prior to the effective date of the present Penal Law; and that the police agent was not an accomplice whose testimony required corroboration (cf. People v. Wright, 20 A.D.2d 652, affd. 15 N.Y.2d 555; People v. Granger, 29 A.D.2d 569; People v. Pasquarello, 282 App. Div. 405, affd. 306 N. Y. 759).

19681021

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