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PEOPLE v. VIERA

116 A.D.2d 609 (1986)

The People of the State of New York, Respondent, v. Miguel Viera, Appellant

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

January 13, 1986

Judgment affirmed.

The People met their burden of proving defendant's guilt beyond a reasonable doubt including disproving defendant's "agency" defense. Generally, an agency defense raises an issue of fact for the jury to determine whether defendant acted solely on behalf of the buyer without any personal motive in promoting the sale (see, e.g., People v Lam Lek Chong, 45 N.Y.2d 64). Viewing the evidence in the light...

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