PEOPLE v. FELDMAN


69 A.D.2d 151 (1979)

The People of the State of New York, Respondent, v. Stephen Feldman, Appellant

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

July 19, 1979


Attorney(s) appearing for the Case

E. Stewart Jones, Jr., for appellant.

Sol Greenberg, District Attorney (F. Patrick Jeffers of counsel), for respondent.

STALEY, JR., and HERLIHY, JJ., concur with KANE, J.; MAHONEY, P. J., and GREENBLOTT, J., dissent and vote to reverse in a separate opinion by MAHONEY, P. J.


KANE, J.

At issue on this appeal following Stephen Feldman's conviction of criminal sale of a controlled substance in the third degree, is whether he was entitled to have the jury instructed on principles of agency. The trial court refused to so charge on the ground there was no reasonable view of the evidence which might allow the jury to find that defendant had acted solely as an agent of the buyer. Testimony crucial to its

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