PEOPLE v. WINDLEY


78 A.D.2d 55 (1980)

The People of the State of New York, Respondent, v. Calvin Windley, Appellant

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

December 11, 1980


Attorney(s) appearing for the Case

Joseph Goffman of counsel (William E. Hellerstein, attorney), for appellant.

Peter Stevens of counsel (Allen Alpert with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

FEIN, J. P. and BLOOM, J., concur with ROSS, J.; SANDLER and CARRO, JJ., dissent in separate opinions.


ROSS, J.

The facts as detailed by our dissenting colleagues are sufficiently accurate so as not to require repetition here. At issue before us is whether the defendant was an agent of the purchaser, the undercover police officer, and whether the trial court's charge on the defense of agency was prejudicial to this defendant so as to require reversal of his conviction for criminal sale of a controlled substance in the third degree. We have concluded that...

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