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PEOPLE v. ARGIBAY

45 N.Y.2d 45 (1978)

The People of the State of New York, Respondent, v. Anthony Argibay, Appellant. The People of the State of New York, Respondent, v. Anthony Di Guiseppe, Appellant.

Court of Appeals of the State of New York.

Decided June 15, 1978.

Attorney(s) appearing for the Case

Irving Cohen for Anthony Argibay, appellant.

Eugene G. Lamb for Anthony Di Guiseppe, appellant.

Robert M. Morgenthau, District Attorney (Henry Steinglass, Robert M. Pitler and David I. Pincus of counsel), for respondent.

Chief Judge BREITEL and Judges JONES, WACHTLER, FUCHSBERG and COOKE concur in Per Curiam opinion; Judges JASEN and GABRIELLI concur in the opinion except insofar as it justifies the concept of the agency defense (see dissenting opn by GABRIELLI, J., in People v Roche, , decided herewith).

Per Curiam.

Defendants Anthony Argibay and Anthony Di Guiseppe appeal from affirmances by the Appellate Division, one Justice dissenting, of their convictions after jury trial of criminal sale of a controlled substance in the second degree (Penal Law, § 220.41).

The principal issue on Argibay's appeal is whether, in a case involving sale of narcotics, the jury must be charged on agency when the evidence...

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