PEOPLE v. PEREZ


154 A.D.2d 628 (1989)

The People of the State of New York, Respondent, v. Victor Perez, Appellant

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

October 23, 1989


Ordered that the judgment is affirmed.

We find that it was not error for the trial court to refuse to charge the jury on the defense of agency. In the absence of a reasonable view of the evidence indicating that the defendant acted merely as the agent of the buyer, the agency defense should not be submitted to the jury (see, People v Lam Lek Chong, 45 N.Y.2d 64, 74, cert denied 439 U.S. 935; People v Roche...

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