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PEOPLE v. DARRISAW

49 N.Y.2d 786 (1980)

The People of the State of New York, Appellant, v. Charles Darrisaw, Respondent.

Court of Appeals of the State of New York.

Decided February 20, 1980.

Attorney(s) appearing for the Case

Mario Merola, District Attorney (Kenneth Larywon, Alan D. Marrus and Colin A. Moore of counsel), for appellant.

David H. Shapiro for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be reversed, and the case remitted to that court for further consideration in accordance with this memorandum.

The substantive issue tendered for consideration on this appeal is whether defendant, on trial for sale and possession of controlled substances, was entitled to a charge with respect to an agency defense. The...

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