People v. Bello, 705 N.E.2d 1209 (NY 1998). · Go Syfert
People v. Bello, 705 N.E.2d 1209 (NY 1998). Cases Citing This Book View Copy Cite
323 citation events (320 in the last 25 years) across 14 distinct courts.
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Torres
N.Y. App. Div. · 2026 · confidence medium
The offenses of which defendant was convicted were also charged under a theory of accessorial liability ( see Penal Law § 20.00), permitting him to be held responsible for the conduct of another if, acting with the requisite mental culpability, he intentionally aided another in bringing forth a criminal result ( see People v Bello , 92 NY2d 523, 526 [1998]; People v Kaplan , 76 NY2d 140, 146 [1990]; People v Lewis , 208 AD3d 989, 989-990 [4th Dept 2022], lv denied 39 NY3d 941 [2022]).
examined Cited as authority (rule) People v. Greenidge (4×)
Tompkins Cty Ct. · 2025 · confidence medium
As the Court of Appeals has made clear, the inquiry upon a motion to dismiss for legal insufficiency is "whether the facts, if proven, and the inferences that logically flow from those facts supply proof of every element of the charged crimes [internal citation omitted]." People v. Bello , 92 NY2d 523, 526 (1998).
discussed Cited as authority (rule) People v. Mangione
N.Y. Sup. Ct., New York Cty. · 2025 · confidence medium
The federal prosecutors have filed a notice of intent to seek the death penalt),. 2 [* 2] the People. ifunexplained and uncontradicted, would warant conviction by a petit jury."' People v. Bello, 92 NY2d 523,525-26 (1998) (quoting People v. Jennings, 69 NY2d 103, 114 (1986).
examined Cited as authority (rule) People v. Baldner (3×)
NY · 2025 · confidence medium
People v Baldner ( 2025 NY Slip Op 03602 ) <table align="center"> <tbody><tr> <td align="center"><b>People v Baldner</b></td> </tr> <tr> <td align="center"> 2025 NY Slip Op 03602 </td> </tr> <tr> <td align="center">Decided on June 12, 2025</td> </tr> <tr> <td align="center">Court of Appeals</td> </tr> <tr> <td align="center">Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.</td> </tr> <tr> <td align="center">This opinion is uncorrected and subject to revision before publication in the Official Reports.</td> </tr> </tbody></table> <br><br> Decided on June 12, 20…
discussed Cited as authority (rule) People v. Brois
N.Y. Sup. Ct., Westchester Cty. · 2023 · confidence medium
That other, innocent inferences could possibly be drawn from those facts is irrelevant to the sufficiency inquiry as long as the Grand Jury could rationally have drawn the guilty inference" (People v Bello, 92 NY2d 523, 526 (1998]).
discussed Cited as authority (rule) People v. Brois
N.Y. Sup. Ct., Westchester Cty. · 2023 · confidence medium
That other, innocent inferences could possibly be drawn from those facts is irrelevant to the sufficiency inquiry as long as the Grand Jury could rationally have drawn the guilty inference" (People v Bello, 92 NY2d 523, 526 [1998]).
discussed Cited as authority (rule) People v. Brois
N.Y. Sup. Ct., Westchester Cty. · 2023 · confidence medium
That other, innocent inferences could possibly be drawn from those facts is irrelevant to the sufficiency inquiry as long as the Grand Jury could rationally have drawn the guilty inference" (People v Bello, 92 NY2d 523, 526 [1998]).
discussed Cited as authority (rule) People v. Martinez
nywestchcty · 2023 · confidence medium
"Courts assessing the sufficiency of the evidence before a grand jury must evaluate 'whe~her the evidence, viewed most favorably to the People, if unexplained and uncontradicted - 4 [* 4] and deferring all questions as to the weight or q'uality bf the evidence -would warrant conviction"' (People v Mills, 1 NY3d 269, 274-275 [2003], quoting People v Carroll, 93 NY2d 564,568 [1999]; see People v Edwards, 36 NY3d 946 , 947 [2020]; People v Deleon, 34 NY3d 965 , 966 [2019]; People v Bello, 92 NY2d 523, 525 [1998]; People v Booker, 164 AD3d 819 , 820 [2d Dept 2018]; People v Pino, 162 AD3d 910 , 91…
discussed Cited as authority (rule) People v. Martinez
nywestchcty · 2023 · confidence medium
"Courts assessing the sufficiency of the evidence before a grand jury must evaluate 'whether the evidence, viewed most favorably to the People, if unexplained and uncontradicted - and deferring all questions as-to the weight or quality of the evidence - ~ould warrant conviction"' (People v Mills, 1 NY3d 269, 274-275 [2003], quoting People v Carroll, 93 NY2d 564, 568 [1999]; see People v Edwards, 36 NY3d 946 , 947 [2020]; People v Deleon, 34 NY3d 965 , 966 [2019]; People v Bello, 92 NY2d 523, 525 [1998]; People v Booker, 164 AD3d 819 , 820 [2d Dept 2018]; People v Pino, 162 AD3d 910 , 910-911 […
discussed Cited as authority (rule) People v. Grant
N.Y. Sup. Ct., Westchester Cty. · 2023 · confidence medium
That other, innocent inferences could possibly be drawn from those facts is irrelevant to the sufficiency inquiry as long as the Grand Jury could rationally have drawn the guilty inference" (People v Bello, 92 NY2d 523, 526 [1998]).
discussed Cited as authority (rule) People v. Delgado
N.Y. Sup. Ct., Westchester Cty. · 2023 · confidence medium
That other, innocent inferences could possibly be drawn from those facts is irrelevant to the sufficiency inquiry as long as the Grand Jury could rationally have drawn the guilty inference" (People v Bello, 92 NY2d 523, 526 [1998]).
discussed Cited as authority (rule) People v. Peterson
nywestchcty · 2023 · confidence medium
"Courts assessing the sufficiency of the evidence before a grand jury must evaluate 'whether the evidence, viewed most favorably to the People, if unexplained and uncontradicted - and deferring all questions as to the weight or quality of the evidence -would warrant conviction"' (People v Mills, 1 NY3d 269, 274-275 [2003], quoting People v Carroll, 93 NY2d 564, 568 [1999]; see People v Edwards, 36 NY3d 946 , 947 [2020]; People v Deleon, 34 NY3d 965 , 966 [2019]; People v Bello, 92 NY2d 523, 525 [1998]; People v Booker, 164 AD3d 819 , 820 [2d Dept 2018]; People v Pino, 162 AD3d 910 , 910-911 [2…
discussed Cited as authority (rule) People v. Goodwine
nywestchcty · 2023 · confidence medium
"Courts assessing the sufficiency of the evidence before a grand jury must evaluate 'whether the evidence, viewed most favorably to the People, if unexplained and uncontradicted - and deferring all questions as to the weight or quality of the evidence -would warrant conviction"' (People v Mills, l NY3d 269, 274-275 [2003], quoting People v Carroll, 93 NY2d 564,568 [1999]; . see People v Edwards, 36 NY3d 946 , 947 [2020]; People v Deleon, 34 NY3d 965 , 966 [2019]; People v Bello, 92 NY2d 523, 525 [1998]; People v Booker, 164 AD3d 819 , 820 [2d Dept 2018]; People v Pino, 162 AD3d 910 , 910-911 […
discussed Cited as authority (rule) People v. Bruno
nywestchcty · 2023 · confidence medium
"Courts assessing the sufficiency of the evidence before a grand jury must evaluate 'whether the evidence, viewed most favorably to the People, if unexplained and uncohtradicted - and deferring all questions as to the weight or quality of the evidence -would warrant conviction"' (People v Mills, 1 NY3d 269, 274-275 [2003], quoting People v Carroll, 93 NY2d 564,568 [1999]; see People v Ed-v1ards, 36 NY3d 946 , 947 [2020]; People v Deleon, 34 NY3d 965 , 966 [2019]; People v Bello, 92 NY2d 523, 525 [1998]; People vBooker, 164 AD3d 819 , 820 [2d Dept 2018]; People v Pino, 162 AD3d 910 , 910-911 [2…
discussed Cited as authority (rule) People v. Salazar-Guadron
nywestchcty · 2022 · confidence medium
That other, innocent inferences could possibly be drawn from those facts is irrelevant to the sufficiency inquiry as long as the Grand Jury could rationally have . drawn the guilty inference" (People v Bello, 92 NY2d 523, 526 [1998]).
discussed Cited as authority (rule) People v. Fortunato-Tapia
nywestchcty · 2022 · confidence medium
That other, innocent inferences could possibly be drawn from those facts is irrelevant to the sufficiency inquiry as long as the Grand Jury could rationally have drawn the guilty inference" (People v 1 I.t is necessary for the Court to discuss specific testimony from the Grand Jury proceedings in deciding the instant . motion (see CPL 190.25[4]). 2 [* 2] Bello, 92 NY2d 523, 526 [1998]).
discussed Cited as authority (rule) People v. Estevez-Peralta
nycountyct · 2022 · confidence medium
That other, innocent inferences could possibly be drawn from those facts is irrelevant to the sufficiency inquiry as long as the Grand Jury could rationally have drawn the guilty inference" (People v Bello, 92 NY2d 523, 526 [1998]).
discussed Cited as authority (rule) People v. Rosario
nywestchcty · 2022 · confidence medium
That other, innocent inferences could possibly be drawn from those facts is irrelevant to the sufficiency inquiry as long as the Grand Jury couid rationally have drawn the guilty inference" (People v Bello, 92 NY2d 523, 526 [1998]).
discussed Cited as authority (rule) People v. Williams
nywestchcty · 2022 · confidence medium
The record establishes that the nineteen (19) grand jurors who deliberated and voted on the two charges contained in Indictment Number 70234-22 were present throughout the two-day presentation of the case. 2 Exhibit 1 consists of search warrant Applications and Orders dated June 30, July 9, July 16, August 27, October 12, December 17, December 21, 2021, and January 13, 2022. 2 [* 2] "Courts assessing the sufficiency of the evidence before a grand jury must evaluate 'whether the evidence, viewed most favorably to the People, if unexplained and uncontradicted - and deferring all questions as to …
discussed Cited as authority (rule) People v. Wilcox
N.Y. App. Div. · 2021 · confidence medium
That other, innocent inferences could possibly be drawn from those facts is irrelevant to the sufficiency inquiry 'as long as the [g]rand [j]ury could rationally have drawn the guilty inference' " ( People v Bello , 92 NY2d 523, 526 [1998]; see People v Hoffert , 125 AD3d 1386, 1387 [4th Dept 2015], lv denied 25 NY3d 990 [2015]).
discussed Cited as authority (rule) People v. Rios
N.Y. App. Div. · 2021 · confidence medium
The chain of evidence, viewed as a whole, had no reasonable explanation except that defendant had knowledge ( see People v Reisman , 29 NY2d 278, 285-286 [1971], cert denied 405 US 1041 [1972]) of the contents of two drug packages, one of which was delivered to him, and that he was a joint possessor of the package that was delivered to his codefendant as part of their criminal enterprise ( see People v Bello , 92 NY2d 523, 526 [1998]; People v Tirado , 38 NY2d 955 [1976]).
discussed Cited as authority (rule) People v. Rios
N.Y. App. Div. · 2021 · confidence medium
The chain of evidence, viewed as a whole, had no reasonable explanation except that defendant had knowledge ( see People v Reisman , 29 NY2d 278, 285-286 [1971], cert denied 405 US 1041 [1972]) of the contents of two drug packages, one of which was delivered to him, and that he was a joint possessor of the package that was delivered to his codefendant as part of their criminal enterprise ( see People v Bello , 92 NY2d 523, 526 [1998]; People v Tirado , 38 NY2d 955 [1976]).
discussed Cited as authority (rule) People v. Maldonado
N.Y. App. Div. · 2020 · confidence medium
"There is a valid line of [*2]reasoning and permissible inferences that could lead a rational person to conclude that defendant and the [associate] shared a community of purpose to cause serious physical injury to the [boyfriend]" ( People v Bursey , 155 AD3d 1513, 1514 [4th Dept 2017], lv denied 30 NY3d 1114 [2018]) and that defendant "solicited, requested, commanded, importuned or intentionally aided the [associate] in the commission of the crime" ( People v Bello , 92 NY2d 523, 526 [1998]; see Penal Law § 20.00).
discussed Cited as authority (rule) The People v. Michael Edwards
NY · 2020 · confidence medium
The evidence presented to the Grand Jury was legally sufficient to demonstrate that defendant acted with depraved indifference to human life (see Penal Law § 120.10 [3]). -1- -2- SSM No. 27 “To dismiss an indictment on the basis of insufficient evidence before a Grand Jury, a reviewing court must consider ‘whether the evidence viewed in the light most favorable to the People, if unexplained and uncontradicted, would warrant conviction by a petit jury’” (People v Bello, 92 NY2d 523, 525 [1998], quoting People v Jennings, 69 NY2d 103, 114 [1986]; see People v Grant, 17 NY3d 613, 616 [20…
discussed Cited as authority (rule) People v. Ruvalcaba (2×)
N.Y. App. Div. · 2020 · confidence medium
In reviewing the evidence before a grand jury, "a reviewing court must consider 'whether the evidence viewed in the light most favorable to the People, if unexplained and uncontradicted, would warrant conviction by a petit jury' " ( People v Bello , 92 NY2d 523, 525 [1998], quoting People v Jennings , 69 NY2d 103, 114 [1986]).
discussed Cited as authority (rule) United States v. Anastasio
2d Cir. · 2020 · confidence medium
Penal Law § 20.00 . 23 Second, just as we have said that a defendant must actually contribute to the success of a crime to qualify as an aider and abettor under 18 U.S.C. § 2 , the New York Court of Appeals has interpreted the state’s accomplice statute as requiring evidence that “a defendant exhibited [some] calculated or direct behavior that purposefully affected or furthered the [substantive crime].” People v. Bello, 92 N.Y.2d 523, 526 (1998).
discussed Cited as authority (rule) United States v. Anastasio
2d Cir. · 2020 · confidence medium
Second, just as we have said that a defendant must actually contribute to the success of a crime to qualify as an aider and abettor under 18 U.S.C. § 2 , the New York Court of Appeals has interpreted the state’s accomplice statute as requiring evidence that “a defendant exhibited [some] calculated or direct behavior that purposefully affected or furthered the [substantive crime].” People v. Bello, 92 N.Y.2d 523, 526 (1998).
discussed Cited as authority (rule) People v. Reid
N.Y. App. Div. · 2020 · confidence medium
The People appeal from the May 2019 amended order and the September 2019 order. [FN1] "To dismiss an indictment on the basis of insufficient evidence before a [g]rand [j]ury, a reviewing court must consider whether the evidence viewed in the light most favorable to the People, if unexplained and uncontradicted, would warrant conviction by a petit jury" ( People v Bello , 92 NY2d 523, 525 [1998] [internal quotation marks and citations omitted]).
discussed Cited as authority (rule) People v. Gaworecki (2×)
N.Y. App. Div. · 2019 · confidence medium
"In the context of grand jury proceedings, 'legal sufficiency means prima facie proof of the crimes charged, not proof beyond a reasonable doubt'" ( People v Mills , 1 NY3d 269, 274 [2003], quoting People v Bello , 92 NY2d 523, 526 [1998]; see People v Park , 163 AD3d at 1061; People v Roth , 141 AD3d 1090, 1090 [2016], lv denied 28 NY3d 936 [2016]; People v Waite , 108 AD3d 985, 985 [2013]).
discussed Cited as authority (rule) People v. McFaline
N.Y. App. Div. · 2018 · confidence medium
The police witness's testimony about interactions between the person who sold drugs to the undercover officer, and defendant, who delivered the drugs to the seller, supports an inference that "defendant intentionally and directly assisted in ... the illegal sale of a narcotic drug" ( People v Bello , 92 NY2d 523, 526 [1998]).
discussed Cited as authority (rule) People v. Park (2×) also: Cited "see"
N.Y. App. Div. · 2018 · confidence medium
"In the context of grand jury proceedings, 'legal sufficiency means prima facie proof of the crimes charged, not proof beyond a reasonable doubt'" ( People v Mills , 1 NY3d 269, 274 [2003], quoting People v Bello , 92 NY2d 523, 526 [1998]; accord People v Spratley , 152 AD3d at 197 ).
discussed Cited as authority (rule) People v. Gillard (Norman)
N.Y. App. Term. · 2018 · confidence medium
In this connection, the factual portion of the accusatory instrument alleged, inter alia, that at a specified date and time, at Washington Place and Washington Square West, an undercover police officer "approached the defendant and asked if he had marijuana and the defendant told the officer to follow him to a location where an unapprehended other was standing." The "unapprehended individual [then] g[a]ve him four clear bags of marijuana in exchange for money." These allegations were sufficient for pleading purposes to establish that defendant "purposefully affected or furthered the sale" of m…
discussed Cited as authority (rule) People v. Dennis
N.Y. App. Div. · 2018 · confidence medium
In reviewing the sufficiency of evidence before a grand jury, a court must view all of the competent evidence in the light most favorable to the People ( see People v Bello , 92 NY2d 523, 525 [1998]), and ask whether, "if accepted as true, [it] would establish every element of [the] offense charged and the defendant's commission thereof; except that such evidence is not legally sufficient when corroboration required by law is absent" (CPL 70.10 [1]; see People v Vieira-Suarez , 147 AD3d 1405, 1406 [4th Dept 2017], lv denied 29 NY3d 1088 [2017]).
discussed Cited as authority (rule) People v. Spratley (2×) also: Cited "see"
N.Y. App. Div. · 2017 · confidence medium
“In the context of a [g]rand [j]ury proceeding, legal sufficiency means prima facie proof of the crimes charged, not proof beyond a reasonable doubt” (People v Bello, 92 NY2d 523, 526 [1998]; accord People v Grant, 17 NY3d at 616 ; see CPL 70.10; People v Garson, 6 NY3d 604, 613 [2006]).
discussed Cited as authority (rule) People v. Spratley (2×) also: Cited "see"
N.Y. App. Div. · 2017 · confidence medium
"In the context of a [g]rand [j]ury proceeding, legal sufficiency means prima facie proof of the crimes charged, not proof beyond a reasonable doubt" ( People v Bello , 92 NY2d 523, 526 [1998]; accord People v Grant , 17 NY3d at 616 ; see CPL 70.10; People v Garson , 6 NY3d 604, 613 [2006]).
discussed Cited as authority (rule) People v. Hulsen (2×) also: Cited "see"
N.Y. App. Div. · 2017 · confidence medium
That other, innocent inferences could possibly be drawn from those facts is irrevelant to the sufficiency inquiry as long as the Grand Jury could rationally have drawn the guilty inference” (People v Bello, 92 NY2d at 526 [internal quotation marks omitted]; see People v Deegan, 69 NY2d 976, 979 [1987]; People v Woodson, 105 AD3d at 783 ).
discussed Cited as authority (rule) People v. Jimenez (2×)
N.Y. App. Div. · 2017 · confidence medium
“Courts assessing the sufficiency of the evidence before a grand jury must evaluate whether the evidence, viewed most favorably to the People, if unexplained and uncontradicted— and deferring all questions as to the weight or quality of the *725 evidence — would warrant conviction” (People v Woodson, 105 AD3d 782, 782 [2013] [internal quotation marks omitted]; see People v Mills, 1 NY3d 269, 274-275 [2003]; People v Flowers, 138 AD3d 1138, 1139 [2016]). “ ‘Legally sufficient evidence’ means competent evidence which, if accepted as true, would establish every element of an offense…
discussed Cited as authority (rule) People v. Vieira-Suarez
N.Y. App. Div. · 2017 · confidence medium
Pursuant to Penal Law § 210.15, one “is guilty of perjury in the first degree when he [or she] swears falsely and when his [or her] false statement (a) consists of testimony, and (b) is material to the action, proceeding or matter in which it is made.” Penal Law § 210.50 states, “In any prosecution for perjury, except a prosecution based upon inconsistent statements pursuant to section 210.20 . . . , falsity of a statement may not be established by the uncorroborated testimony of a single witness.” In reviewing the sufficiency of the evidence presented to the grand jury, the court mu…
discussed Cited as authority (rule) People v. Vieira-Suarez
N.Y. App. Div. · 2017 · confidence medium
Pursuant to Penal Law § 210.15, one “is guilty of perjury in the first degree when he [or she] swears falsely and when his [or her] false statement (a) consists of testimony, and (b) is material to the action, proceeding or matter in which it is made.” Penal Law § 210.50 states, “In any prosecution for perjury, except a prosecution based upon inconsistent statements pursuant to section 210.20 . . . , falsity of a statement may not be established by the uncorroborated testimony of a single witness.” In reviewing the sufficiency of the evidence presented to the grand jury, the court mu…
examined Cited as authority (rule) People v. Castaldo (3×) also: Cited "see"
N.Y. App. Div. · 2017 · confidence medium
“In the context of a Grand Jury proceeding, legal sufficiency means prima facie proof of the crimes charged, not proof beyond a reasonable doubt” (People v Bello, 92 NY2d 523, 526 [1998]; see People v Mayo, 36 NY2d 1002, 1004 [1975]).
discussed Cited as authority (rule) People v. Champion
nysteubenctyct · 2016 · confidence medium
In reviewing the sufficiency of the evidence before the grand jury, this court must consider “whether the evidence viewed in the light most favorable to the People, if unexplained [or] uncontradicted, would warrant conviction by a petit jury” (People v Jennings, 69 NY2d 103, 114 [1986]; People v Bello, 92 NY2d 523, 525 [1998]; People v Swamp, 84 NY2d 725, 730 [1995]).
cited Cited as authority (rule) People v. Carpenter
N.Y. App. Div. · 2016 · confidence medium
“The key to [the] analysis is whether a defendant intentionally and directly assisted in achieving the ultimate goal of the enterprise” (People v Bello, 92 NY2d 523, 526 [1998]).
cited Cited as authority (rule) People v. Carpenter
N.Y. App. Div. · 2016 · confidence medium
“The key to [the] analysis is whether a defendant intentionally and directly assisted in achieving the ultimate goal of the enterprise” (People v Bello, 92 NY2d 523, 526 [1998]).
discussed Cited as authority (rule) People v. Tribble (Annie)
N.Y. App. Term. · 2016 · confidence medium
In this connection, the factual portion of the complaint alleges that, at a particular date, time and park location, an undercover officer handed a separately charged individual cash, in exchange for a quantity of marihuana, "while defendant [Tribble] repeatedly stood up, looked around, paced back and forth, and otherwise acted as a lookout." The quoted facts, even when taken together with all reasonable inferences which can be drawn from those facts ( see People v Jackson , 18 NY3d 738 , 747 [2012]), do not give rise to the required inference that defendant "intentionally and directly assiste…
discussed Cited as authority (rule) People v. Tribble
N.Y. App. Term. · 2016 · confidence medium
In this connection, the factual portion of the complaint alleges that, at a particular date, time and park location, an undercover officer handed a separately charged individual cash, in exchange for a quantity of marihuana, “while defendant [Tribble] repeatedly stood up, looked around, paced back and forth, and otherwise acted as a lookout.” The quoted facts, even when taken together with all reasonable inferences which can be drawn from those facts (see People v Jackson, 18 NY3d 738, 747 [2012]), do not give rise to the required inference that defendant “intentionally and directly assi…
discussed Cited as authority (rule) People v. Slade
N.Y. App. Div. · 2015 · confidence medium
The key to our analysis is whether a defendant intentionally and directly assisted in achieving the ultimate goal of the enterprise — the illegal sale of a narcotic drug” (People v Bello, 92 NY2d 523, 526 [1998]; see People v Kaplan, 76 NY2d 140, 144-145 [1990]).
discussed Cited as authority (rule) People v. Slade
N.Y. App. Div. · 2015 · confidence medium
The key to our analysis is whether a defendant intentionally and directly assisted in achieving the ultimate goal of the enterprise — the illegal sale of a narcotic drug” (People v Bello, 92 NY2d 523, 526 [1998]; see People v Kaplan, 76 NY2d 140, 144-145 [1990]).
examined Cited as authority (rule) The People v. Terrance Williams (4×)
NY · 2015 · confidence medium
“In the context of a Grand Jury proceeding, legal sufficiency means prima facie proof of the crimes charged, not proof beyond a reasonable doubt” (People v Bello, 92 NY2d 523, 526 [1998], citing People v Mayo, 36 NY2d 1002 [1975]).
discussed Cited as authority (rule) People v. Hoffert
N.Y. App. Div. · 2015 · confidence medium
That other, innocent inferences could possibly be drawn from those facts is irrelevant to the sufficiency inquiry ‘as long as the [g]rand [j]ury could rationally have drawn the guilty inference’ ” (People v Bello, 92 NY2d 523, 526 [1998]).
discussed Cited as authority (rule) People v. Hoffert
N.Y. App. Div. · 2015 · confidence medium
That other, innocent inferences could possibly be drawn from those facts is irrelevant to the sufficiency inquiry ‘as long as the [g]rand [j]ury could rationally have drawn the guilty inference’ ” (People v Bello, 92 NY2d 523, 526 [1998]).
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Edward Bello, Appellant
New York Court of Appeals.
Dec 22, 1998.
705 N.E.2d 1209
POINTS OF COUNSEL, Frances A. Gallagher, New York City, and M. Sue Wycoff for appellant., Robert M. Morgenthau, District Attorney of New York County, New York City (Miriam Shire and Roña Feinberg of counsel), for respondent.
Wesley.
Cited by 199 opinions  |  Published

OPINION OF THE COURT

Wesley, J.

Creativity in the marketplace is not restricted to lawful commercial activity. In this case we are called upon to determine whether the evidence before the Grand Jury, which indicated that defendant acted as a “screener” for the sale of crack cocaine by another, was legally sufficient to sustain the charge against him for criminal sale of a controlled substance in the third degree as an accomplice. We conclude that it was and therefore affirm the order of the Appellate Division reinstating the indictment.

The evidence before the Grand Jury indicated that at approximately 12:55 p.m. on February 12, 1996 defendant and Evelyn Castellar, a co-defendant in this action, were standing[*525] outside a Manhattan apartment. An undercover member of the Manhattan North Narcotics Team approached them and inquired about “nicks” — street parlance for $5 bags of crack cocaine. Defendant asked “how many [she] was looking for” and the undercover officer responded “four.” Defendant asked if the officer was a “cop,” to which she replied “no.” Castellar then told the officer “I only have dimes [$10 bags of crack cocaine]. Come with me.” The officer followed Castellar to the 12th floor of the building, where she sold the officer one “dime” bag. The undercover officer subsequently field-tested the drugs and determined that the bag contained crack cocaine. Shortly thereafter a backup officer in the vicinity arrested defendant and Castellar around the corner from where the sale occurred. The undercover officer identified defendant and Castellar.

The Grand Jury returned an indictment charging defendant and Castellar with criminal sale of a controlled substance in the third degree pursuant to Penal Law § 220.39 (1). Castellar pleaded guilty to attempted criminal sale of a controlled substance in the third degree. Defendant moved to dismiss the indictment on the ground that the evidence submitted to the Grand Jury was not legally sufficient to establish the charged crime or any lesser included offense. Supreme Court granted defendant’s motion, noting that “there was not sufficient evidence that this defendant aided or assisted the co-defendant to sell drugs to the undercover officer.”

The Appellate Division reversed and reinstated the indictment. It determined that the evidence was sufficient to establish a prima facie case that defendant, knowing the substance being sold was crack cocaine, intentionally aided Castellar in making the sale. The court rejected defendant’s contention that he was improperly charged as an accomplice to Castellar’s criminal sale of a controlled substance. In support of its determination, the Appellate Division characterized defendant’s questions as “elicit [ing] information that enabled co-defendant Castellar to decide whether she could make the sale” (People v Bello, 246 AD2d 424, 425). Leave to appeal was granted by a Judge of this Court, and we now affirm.

To dismiss an indictment on the basis of insufficient evidence before a Grand Jury, a reviewing court must consider “whether the evidence viewed in the light most favorable to the People, if unexplained and uncontradicted, would warrant conviction by a petit jury” (People v Jennings, 69 NY2d 103, 114; People v Swamp, 84 NY2d 725, 730). Legally sufficient evidence is defined in CPL 70.10 (1) as “competent evidence[*526] which, if accepted as true, would establish every element of an offense charged.” In the context of a Grand Jury proceeding, legal sufficiency means prima facie proof of the crimes charged, not proof beyond a reasonable doubt (People v Mayo, 36 NY2d 1002; People v Swamp, supra). The reviewing court’s inquiry is limited to “whether the facts, if proven, and the inferences that logically flow from those facts supply proof of every element of the charged crimes,” and whether “the Grand Jury could rationally have drawn the guilty inference” (People v Deegan, 69 NY2d 976, 979). That other, innocent inferences could possibly be drawn from those facts is irrelevant to the sufficiency inquiry “as long as the Grand Jury could rationally have drawn the guilty inference” (id., at 979).

To establish an acting-in-concert theory in the context of a drug sale, the People must prove not only that the defendant shared the requisite mens rea for the underlying crime but also that defendant, in furtherance of the crime, solicited, requested, commanded, importuned or intentionally aided the principal in the commission of the crime (People v Kaplan, 76 NY2d 140; Penal Law § 20.00). Although the case law discussing these criteria is somewhat fact-specific, integral to each inquiry is whether a defendant exhibited any calculated or direct behavior that purposefully affected or furthered the sale of the controlled substance (see, People v Torres, 211 AD2d 406; People v McDermott, 192 AD2d 415). The key to our analysis is whether a defendant intentionally and directly assisted in achieving the ultimate goal of the enterprise — the illegal sale of a narcotic drug.

Applying this legal standard to this record, we conclude that the trial court erred when it held that there was insufficient evidence to establish a prima facie case against defendant. The Grand Jury could have found the evidence sufficient to establish that defendant’s participation in the drug transaction intentionally and directly assisted Castellar in consummating the sale. Defendant knew the object of the sale was a narcotic drug, as evidenced by his response “how many” to the undercover officer’s initial request for “nicks.” Thus, it was defendant, not Castellar, who promoted the transaction first by asking the undercover officer the number of bags she was interested in buying.

Moreover, once defendant elicited that the undercover officer was seeking more than one “nick,” he attempted to further screen the officer when he asked if she was a “cop.” We reject defendant’s argument that this question is meaningless[*527] because no one would ever affirm their status as an undercover police officer. To the contrary, defendant and his partner had the opportunity to observe the customer’s reaction and interpret that reaction to determine her motivation. Thus, defendant assisted in an essential portion of the negotiation by screening the potential purchaser for identity and interest. These factors, coupled with the close proximity of defendant and Castellar to each other before, during and after the transaction and the open discussion of the sale, allow for a logical inference that they were working as a team. Defendant opened the door to potential buyers, screening them for hints as to their identity and interest; Castellar then closed the sale. These actions could reasonably demonstrate defendant’s intentional, direct and integral involvement with the transaction sufficient to sustain the indictment.

Despite his assertions to the contrary, defendant’s conduct is analogous to individuals who “steer” buyers to purveyors of narcotics (see, People v Flocker, 223 AD2d 451; People v Smith, 219 AD2d 533); or act as a “go-between” for a buyer and a seller (see, Matter of Rene O., 210 AD2d 103; People v Torres, 211 AD2d 406). Defendant was not merely acting as a source of general information where drugs could be purchased (see, People v Lopez, 213 AD2d 255; People v Rosario, 193 AD2d 445). To the contrary, his presence was inextricably linked to the drug sale itself. Defendant’s conduct and questions were the threads that tied him directly to the drug sale.

In upholding the Appellate Division’s determination, we reject defendant’s contention that the Grand Jury could not logically infer that defendant assisted Castellar in executing this particular drug sale because she interposed herself between defendant and the officer and sold a different quantity from a different location. Negotiations do not always follow a single, well-defined path. Each side explores the needs and abilities of the other before a deal is made. To require the degree of specificity defendant suggests would skew a reviewing court’s inquiry and restrict, if not extinguish, the Grand Jury’s unassailable authority to consider logical inferences that flow from the facts presented to it (see, People v Deegan, supra).

The Grand Jury could logically infer that defendant aided the sale through his questions and screening of the undercover officer. It was only after defendant’s questions elicited information useful to enable Castellar to decide whether she wanted to make the sale that Castellar actually sold the crack cocaine to[*528] the undercover officer. The threshold standard of legal sufficiency was thus met.

Accordingly, the order of the Appellate Division should be affirmed.

Chief Judge Kaye and Judges Bellacosa, Smith, Levine and Ciparick concur.

Order affirmed.