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Commonwealth v. Murphy

Sentence affirmed; "buyer's agent defense" was inapplicable because defendant's role was as primary catalyst for events that culminated in delivery of heroin to undercover trooper; given nature of specific offenses for with defendant was charged, trial court did not err in declining to give a charge to the jury based on buyer's agent defense.

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OPINION

�1 Appellant, Ronald Murphy, appeals from the judgment of sentence imposed by the Trial Court after his conviction for delivery of a controlled substance (heroin) and conspiracy to deliver a controlled substance (heroin). *fn1 After review, we affirm.

�2 The underlying facts of this case, which gave rise to Appellant’s conviction, have been gleaned from the trial record in this matter. The record reveals that on August 30, 2000 Pennsylvania State Trooper Timothy Longenecker went to an area in the City of York for the purposes of making a controlled purchase of heroin. N.T. Trial, 3/9/2001, at 65. Trooper Longenecker had made previous drug purchases in this area in an undercover capacity. The trooper, who was dressed casually, parked his car on the street outside of an apartment located at the intersection of Queen and Liberty Streets, alighted, and approached Appellant who was sitting on steps outside of the apartment. The trooper asked Appellant if he knew where he could score some “dope” which, according to the trooper, was street parlance for heroin. Id. at 66. Appellant replied by asking the trooper if he was a “cop.” The trooper replied no; whereupon, Appellant called out to another man, Jose Rivas, who was across the street at the time, and asked Rivas to come over. Id. at 66, 89.

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