PEOPLE v. TUCKER


96 A.D.2d 893 (1983)

The People of the State of New York, Respondent, v. Raymond Tucker, Appellant

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

August 15, 1983


Judgment affirmed.

The conflicting testimony adduced at trial presented a question of fact as to whether defendant acted merely as an agent for the buyer. Hence, the issue was properly submitted to the jury (People v McLeod, 45 N.Y.2d 95). Similarly, in view of the particular facts herein, the issue of whether the affirmative defense of entrapment was established was a factual issue within the sole province of the jury (...

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