PEOPLE v. CIERZNIEWSKI


141 A.D.2d 828 (1988)

The People of the State of New York, Respondent, v. Clifford Cierzniewski, Appellant

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

June 27, 1988


Ordered that the judgment is reversed, on the law, and a new trial is ordered.

It is well established that as long as there is some reasonable view of the evidence that a defendant acted as an instrumentality of the buyer, however slight, the court must, upon timely request, charge the jury as to the defense of agency (see, People v Argibay, 45 N.Y.2d 45, rearg denied 45 N.Y.2d 839, cert denied sub nom.<...

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