PEOPLE v. SUNDHOLM


58 A.D.2d 224 (1977)

The People of the State of New York, Respondent, v. Martin W. Sundholm, Appellant

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

July 12, 1977


Attorney(s) appearing for the Case

William F. Lynn for appellant.

Richard A. Hennessy, Jr., District Attorney (John A. Cirando of counsel), for respondent.

CARDAMONE, J. P., HANCOCK, DENMAN and GOLDMAN, JJ., concur.


WITMER, J.

On this appeal defendant asserts that the trial court erred in two respects in refusing defendant's requests to charge, to wit, as to agency and entrapment.

The evidence was undisputed that on February 5, 1976 defendant, a student at Syracuse University, sold over ½ ounce of the drug phencyclidine, also known as P.C.P., to Timothy H. Phinney, an undercover policeman, for the sum of $400, and was thereupon arrested. His defenses...

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