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PEOPLE v. MILLER

24 A.D.2d 1023 (1965)

The People of the State of New York, Respondent, v. Carl Miller, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 20, 1965

Judgment reversed on the law and new trial ordered.

In our opinion, the trial court erred in refusing to instruct the jury that if they found that defendant had acted solely as the agent of the buyer, he could not be convicted of the crime of selling narcotics (People v. Lindsey, 16 A.D.2d 805, affd. 12 N.Y.2d 958; People v. Silverman, 23 A.D.2d 947

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