PEOPLE v. ROSE


152 A.D.2d 924 (1989)

The People of the State of New York, Respondent, v. Gary Rose, Appellant

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

July 12, 1989


Judgment unanimously affirmed.

Memorandum:

We reject defendant's claim that the proof was legally insufficient to disprove the agency defense. Defendant had no previous acquaintance with the buyer and undercover officer. The officer testified that defendant repeatedly referred to the seller as "my man", that defendant knew when the seller would arrive at the parking lot, and that defendant touted the quality of...

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