People v. Watson
20 N.Y.3d 182
NY2012Background
- Watson, an undercover buyer, assisted a drug deal by bringing the buyer to the seller and providing $40 buy money.
- He helped JD Blue deliver two bags of crack/cocaine that the undercover officer later bought.
- Watson was charged with felony sale of a controlled substance, misdemeanor possession, and criminal facilitation.
- The trial court acquitted Watson of sale on agency grounds but convicted him of facilitation and possession.
- Appellate Division affirmed; the court rejected the adequacy of an agency defense to facilitation.
- This Court granted leave to appeal to determine whether agency may be raised as a defense to criminal facilitation and, if so, its scope.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether agency may be a defense to criminal facilitation | People: agency defense applies only to sale, not to facilitation | Watson: agency defense negates facilitation | Agency cannot defeat facilitation; Watson properly convicted |
| If agency applies to the buyer’s intermediary, does it negate facilitation | People: agency defense does not apply to facilitation | Watson: intermediary acts to aid seller via buyer’s proxy | Agency does not negate facilitation; defendant remains guilty of facilitation |
| Relation between scienter under facilitation and agency defense | People: facilitation requires aiding a crime, regardless of sale conviction | Watson: no greater liability when acting as buyer’s agent | Facilitation liability stands even if agency defense negates sale; no complete defense |
Key Cases Cited
- People v Lam Lek Chong, 45 NY2d 64 (NY 1978) (agency defense to sale recognized; retained relevance to intermediaries)
- People v Roche, 45 NY2d 78 (NY 1978) (agency defense applicable where buyer acts as intermediary)
- People v Andujas, 79 NY2d 113 (NY 1992) (agency defense reflects buyer-intermediary logic)
- People v Ortiz, 76 NY2d 446 (NY 1990) (agency defense inviolate to the extent of seller-buyer dynamics)
- People v Davis, 14 NY3d 20 (NY 2009) (agency defense remains but is not a complete defense; context-specific)
- Abuelhawa v United States, 556 US 816 (US 2009) (buyer cannot be convicted of facilitation; informs statutory interpretation)
- People v Suber, 19 NY3d 247 (NY 2012) (textual analysis of facilitation statute)