"Larry" wrote in message
news:x-89DBDC.23031128032008@earthlink.vsrv-sjc.supernews.net...
> In article <653d9mF2eceeeU1@mid.individual.net>,
> "Reality_Check©" wrote:
>
>> "Larry" wrote in message
>> news:x-54FA54.23355527032008@earthlink.vsrv-sjc.supernews.net...
>> > In article <653422F2dlijnU1@mid.individual.net>,
>> > "Reality_Check©" wrote:
>> >
>> >> "Larry" wrote in message
>> >> news:x-E6FF6D.22011727032008@earthlink.vsrv-sjc.supernews.net...
>> >> > In article <650s90F2dm612U1@mid.individual.net>,
>> >> > "Reality_Check©" wrote:
>> >> >
>> >> >> "Larry" wrote in message
>> >> >> news:x-275442.01470227032008@earthlink.vsrv-sjc.supernews.net...
>> >> >> > In article <650p31F2a00g8U1@mid.individual.net>,
>> >> >> > "Reality_Check©" wrote:
>> >> >> >
>> >> >> >> "Larry" wrote in message
>> >> >> >> news:x-A92621.22111926032008@earthlink.vsrv-sjc.supernews.net...
>> >> >> >> > In article <47e9e44e$0$25981$88260bb3@free.teranews.com>,
>> >> >> >> > "Reality_Check©" wrote:
>> >> >> >> >
>> >> >> >> >> "Bo Raxo" wrote in message
>> >> >> >> >> news:poednQtjzYamQ3TanZ2dnUVZ_sOrnZ2d@comcast.com...
>> >> >> >> >> >
>> >> >> >> >> > "Reality_Check©" wrote in message
>> >> >> >> >> > news:64u2avF2dc8sbU1@mid.individual.net...
>> >> >> >> >> >>
>> >> >> >> >> > >
>> >> >> >> >> >> Did Federal Drug Laws not apply to the Felonies in
>> >> >> >> >> >> question?
>> >> >> >> >> >>
>> >> >> >> >> >
>> >> >> >> >> > Not established they were felonies,
>> >> >> >> >>
>> >> >> >> >> Do tell how one can conspire to purchase/possess cocaine
>> >> >> >> >> without committing a felony.
>> >> >> >> >
>> >> >> >> > Easily. If I was to work out an agreement with you to drive
>> >> >> >> > me
>> >> >> >> > to
>> >> >> >> > my
>> >> >> >> > dealer to buy some cocaine, we've conspired to purchase it.
>> >> >> >> > We're
>> >> >> >> > both
>> >> >> >> > guilty of Class A misdemeanors in New York.
>> >> >> >>
>> >> >> >> You're jumping in late. With respect to the thread and the
>> >> >> >> discussion,
>> >> >> >> the implication was the conspiracy/agreement between the dealer
>> >> >> >> and
>> >> >> >> purchaser.
>> >> >> >
>> >> >> > That's YOUR implication, fool, and yours alone. As I and others
>> >> >> > have
>> >> >> > pointed out to you, it is legally impossible for dealers and
>> >> >> > purchasers
>> >> >> > to be co-conspirators.
>> >> >>
>> >> >> Complete bullshit.
>> >> >
>> >> > Would you like me to cite cases for you? Or would you just obtusely
>> >> > disbelieve them, too?
>> >>
>> >> Now how could one disbelieve an on-point citation to case law, eh
>> >> Larry?
>> >
>> > You'd find a way.
>> >>
>> >>
>> >> >> > They have an agreement, of course, but its not a
>> >> >> > conspiracy
>> >> >>
>> >> >> An agreement to violate the drug distribution laws.
>> >> >
>> >> > Is not a conspiracy under any state or federal law.
>> >>
>> >> So where are those citations ?
>> >
>> > They're coming.
>>
>>
>
> Among many:
> People v Ortiz, 76 N.Y.2d 446 (1990); People v Feldman, 50 N.Y.2d 500
> (1980); People v Herring, 83 N.Y.2d 780(1994)
>
> Also look at the New York State CJI charge on "agency." Do you know
> what the agency defense is? It is an affirmative defense to a charge of
> selling drugs that you were buying them or acting on behalf of the buyer
> rather than the seller. The charge itself states "Under our law, a
> person is not guilty of selling a controlled substance [marihuana] [or
> of possessing a controlled substance (marihuana) with the intent to sell
> it] if he/she was acting as the [buyer]."
>
> Could it be any clearer?
Interesting.
Do you have any evidence, any at all, that Gov. David Patterson committed
his drug felonies in the State of NY where he could avail himself of this
drug-dealer
coddling, soft on crime, NY law ?
|