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People v. Andujas

Appellate Division of the Supreme Court of New York, Second Department
Dec 24, 1990
168 A.D.2d 625 (N.Y. App. Div. 1990)

Opinion

December 24, 1990

Appeal from the Supreme Court, Kings County (Goldberg, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court properly instructed the jury that it could not accept his agency defense unless he acted "solely" as the agent of the buyer, who in this case was an undercover police officer (see, People v. Lam Lek Chong, 45 N.Y.2d 64; see also, 3 CJI[NY] PL art 220, at 1750). Moreover, the court's agency charge, viewed in its entirety, did not suggest to the jury that the defendant could not be an agent of the undercover officer if he received some benefit from the transaction. Accordingly, the defendant's claim that the court's agency charge deprived him of a fair trial is without merit. Eiber, J.P., Sullivan, Balletta and O'Brien, JJ., concur.


Summaries of

People v. Andujas

Appellate Division of the Supreme Court of New York, Second Department
Dec 24, 1990
168 A.D.2d 625 (N.Y. App. Div. 1990)
Case details for

People v. Andujas

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS ANDUJAS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 24, 1990

Citations

168 A.D.2d 625 (N.Y. App. Div. 1990)
563 N.Y.S.2d 104

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