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PEOPLE v. ECHOLS

75 A.D.2d 531 (1980)

The People of the State of New York, Respondent, v. Gary Echols, Appellant

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

April 15, 1980

The Trial Judge erred in refusing to submit, as requested, the defense of agency to the jury. It is "the established New York rule that one who acts solely as the agent of a purchaser of narcotics cannot be convicted of the crime of criminal sale of a controlled substance." (People v Roche, 45 N.Y.2d 78, 81.) Appellant testified that he had received no money and had merely, upon the undercover police officer's request for assistance...

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