The People proved the defendant's guilt beyond a reasonable doubt. When read in its entirety, the court's charge on the defense of agency was not misleading and presented to the jury an issue of fact which they resolved in favor of the People.
Judgment affirmed.
Sweeney and Simons, JJ., dissent and vote to reverse and order a new trial, in the following memorandum by Simons, J.:
The defendant contends that he acted as the buyer's agent in obtaining...
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