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Criminal Law Keyed to Capers
People v. Ryan
Citation:
82 N.Y.2d 497, 626 N.E.2d 51 (N.Y.App.1993)Facts
On October 2, 1990 defendant asked his friend David Hopkins to order and receive a shipment of hallucinogenic mushrooms on his behalf. Hopkins agreed, and placed a call to their mutual friend Scott in San Francisco and requested the “usual shipment.” On October 5 State Police Investigator Douglas Vredenburgh located the package at a Federal Express warehouse in Binghamton. The investigator then borrowed a Federal Express uniform and van and delivered the package to Hopkins, the addressee, who was arrested upon signing for it. Hopkins explained that the package was for defendant and agreed to participate in a supervised delivery to him. In a telephone call recorded by the police, Hopkins notified defendant that he got the package, reporting a “shit load of mushrooms in there.” Defendant responded, “I know, don’t say nothing.” The men agreed to meet later that evening. At the meeting, after a brief conversation, Hopkins handed defendant a substitute package stuffed with newspaper. Moments after taking possession, defendant was arrested. He was later indicted for attempted criminal possession of a controlled substance in the second degree.
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