PEOPLE v. FLANAGAN


47 A.D.2d 959 (1975)

The People of the State of New York, Respondent, v. Martrella Flanagan, Appellant

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

April 28, 1975


Judgment affirmed.

One of the crucial questions bearing on the propriety of defendant's conviction is whether in delivering the prohibited drugs to the undercover police officer he was acting as a seller or whether he merely procured the drugs from another as the agent for the police. The Trial Justice properly charged the jury that if defendant were merely acting as an agent in procuring and delivering the drugs he could not be found guilty (cf. People v Hingerton...

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