Conviction Reversed As the State Failed to Prove That Defendant Acted In Connivance With the Person Who Sold Drugs
In People v. Hibbert, A.D.2d at, 725 N.Y.S.2d at 305, the undercover officer testified that he approached Ms Houston and gave her pre-recorded buy money to facilitate the sale of crack cocaine.
Houston was subsequently seen with the defendant inside a vehicle passing money but no drugs.
Shortly thereafter, Houston sold crack cocaine to the undercover officer.
There was no other proof that defendant was working with Houston or was aware of the existence of the undercover.
Defendant was arrested and was found in possession of the pre-recorded buy money.
The court held, inter alia, that since there was no proof that the defendant was aware that Houston sold drugs to the undercover, a trial order of dismissal should have been granted.
The court reversed the defendant's conviction because the People failed to prove that he acted in concert with the person who sold the narcotics.