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PEOPLE v. LOTHIN

48 A.D.2d 932 (1975)

The People of the State of New York, Respondent, v. Lolitta Lothin, Also Known as Lolitta Lothian, Appellant

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

June 30, 1975

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

The findings of fact have not been considered. One who acts solely as the agent of the buyer in a drug sale cannot be convicted of the crime of selling drugs (People v Hool, 46 A.D.2d 912; People v Lindsey, 16 A.D.2d 805, affd 12 N.Y.2d 958). The issue of agency was presented by the evidence...

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