PEOPLE v. BOOTH


47 A.D.2d 862 (1975)

The People of the State of New York, Respondent, v. Thomas D. Booth, Appellant

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

March 31, 1975


Judgment reversed, on the law, and new trial ordered.

No questions as to the facts upon which the judgment is based have been raised or considered. In our opinion, the trial court erred in refusing to instruct the jury that, if it 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...

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