PEOPLE v. DONEGAN


112 A.D.2d 747 (1985)

The People of the State of New York, Respondent, v. Daniel E. Donegan, Appellant

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

July 12, 1985


Judgment unanimously affirmed.

Memorandum:

Defendant was convicted of selling quantities of cocaine and marihuana to an undercover police officer. Defendant's theory at trial was that he acted as the buyer's agent in each transaction. He argues on appeal that the trial court's instructions to the jury on the defense of agency foreclosed consideration of the existence of an agency relationship upon a finding that defendant received a benefit from the sales...

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