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PEOPLE v. ROCHE

45 N.Y.2d 78 (1978)

The People of the State of New York, Appellant-Respondent, v. Antonio Roche, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided June 15, 1978.

Attorney(s) appearing for the Case

Mario Merola, District Attorney (Leonard G. Kamlet and Billie Manning of counsel), for appellant-respondent.

Lawrence A. Vogelman and William E. Hellerstein for respondent-appellant.

Judge COOKE concurs with Judge FUCHSBERG; Chief Judge BREITEL and Judges JONES and WACHTLER concur in result in a concurring memorandum; Judge GABRIELLI dissents in part and votes to modify in a separate opinion in which Judge JASEN concurs.

FUCHSBERG, J.

Today this court reaffirms the established New York rule that one who acts solely as the agent of a purchaser of narcotics cannot be convicted of the crime of criminal sale of a controlled substance. Having thus determined that the abolition of that defense would be an unwarranted departure from the decisional law of this State, we must decide in the present case whether, under a reasonable view...

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