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PEOPLE v. COLEMAN

59 A.D.2d 690 (1977)

The People of the State of New York, Respondent, v. John Coleman, Appellant

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

October 27, 1977

Unanimously reversed, on the law, and a new trial is directed.

There was evidence in the record to permit a jury to find that appellant was acting as an agent for Police Officer Delgado in the purchase of narcotics by that police officer; and, consequently, the issue of agency should have been submitted to the jury as requested by defendant. On each of the two dates embraced in the indictment on which the sales were alleged...

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