In article <655vvkF2ea3eaU1@mid.individual.net>,
"Reality_Check©" wrote:
> "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 ?
Do you now admit you were wrong? Or that this law is different from any
other state law? |