Judgment affirmed.
The trial court correctly charged the jury that the defense of agency, though applicable to the crime of criminal sale of a controlled substance, is not relevant to the crime of criminal possession of a controlled substance in the fifth degree (see Penal Law, § 220.09). This holding obtains because the crime of mere possession of a controlled substance is punishable without regard to whether the possessor is acting as seller or buyer, or the...
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