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PEOPLE v. MELENDEZ

64 A.D.2d 535 (1978)

The People of the State of New York, Respondent, v. Ruben Melendez, Appellant

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

July 11, 1978

The trial court erred in its charge on the agency defense when it communicated to the jury that a finding that the defendant received a benefit, or expected to receive a benefit in connection with the transaction, would not simply be a factor to consider on the question but would require rejection of the defense. (See People v Lam Lek Chong, 45 N.Y.2d 64; People v Rodriguez,

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