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PEOPLE v. SIERRA

45 N.Y.2d 56 (1978)

The People of the State of New York, Respondent, v. Hilda Sierra, Appellant.

Court of Appeals of the State of New York.

Decided June 15, 1978.

Attorney(s) appearing for the Case

Stanley Neustadter and William E. Hellerstein for appellant.

Robert M. Morgenthau, District Attorney (Robert M. Pitler and David Rapaport of counsel), for respondent.

Chief Judge BREITEL and Judges JONES, WACHTLER and FUCHSBERG concur with Judge COOKE; Judges JASEN and GABRIELLI, concur in result only in a concurring memorandum.

COOKE, J.

We reiterate here that which has been stated before, although not without some controversy, and that which should be readily apparent from legal as well as logical analyses — that the existence of an agency relationship furnishes no defense upon a charge for the mere criminal possession of a controlled substance, knowingly and unlawfully possessed.1

This proposition...

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