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PEOPLE v. SANTOS

279 A.D.2d 539 (2001)

718 N.Y.S.2d 878

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAMON SANTOS, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided January 16, 2001.

Ordered that the judgment is affirmed.

The defendant's contention that the trial court usurped the jury's fact-finding function is without merit. The trial court's statement that no evidence had been presented that the defendant had the legal authority to sell cocaine was factually accurate. Moreover, that statement was consistent with the presumption that the sale of narcotics is unlawful (see, People v Rodriguez, 58 A.D.2d 612...

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