PEOPLE v. RODRIGUEZ


74 A.D.2d 858 (1980)

The People of the State of New York, Respondent v. Jose Rodriguez, Appellant

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

March 10, 1980


Judgment modified, on the law, by reversing the conviction of criminal possession of a controlled substance in the third degree, and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment affirmed.

Defendant arranged for an undercover police officer to purchase cocaine on two separate occasions from individuals whom defendant knew. At trial defendant raised the defense of agency, claiming that he did not sell the drugs to the police...

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