PEOPLE v. COWIE


134 A.D.2d 844 (1987)

The People of the State of New York, Respondent, v. Scott Cowie, Appellant

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

November 10, 1987


Judgment unanimously reversed on the law, and new trial granted.

Memorandum:

The court erred in declining defendant's request for a charge on agency. Whether defendant acted as an agent of the buyer or as a seller in the drug transaction is a "factual question for the jury to resolve" (People v Lam Lek Chong, 45 N.Y.2d 64, 74, cert denied 439 U.S. 935). As "long...

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