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PEOPLE v. ORTIZ

163 A.D.2d 61 (1990)

The People of the State of New York, Respondent, v. Wilfredo Ortiz, Appellant

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

July 3, 1990

The trial court erred when it refused to charge the defense of agency in this case, where a reasonable view of the evidence could have led the jury to conclude that defendant acted as a mere instrumentality of the buyer, thus supporting a theory of agency, which was the sole defense in this case. (People v Roche, 45 N.Y.2d 78, 86, cert denied 439 U.S. 958 [1978].) Specifically, defendant was entitled to the requested jury...

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