PEOPLE v. ORTIZ


76 N.Y.2d 446 (1990)

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

Court of Appeals of the State of New York.

Decided June 7, 1990.


Attorney(s) appearing for the Case

Carol Grumbach and Philip L. Weinstein for appellant.

Robert T. Johnson, District Attorney (Tierney M. Carlos and Susan L. Valle of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur.


ALEXANDER, J.

Defendant, convicted of criminal sale of a controlled substance in the third degree, assigns error to the trial court's refusal to instruct the jury as to the agency defense. We conclude that such instruction was not warranted because no reasonable view of the evidence would support a finding that defendant, who directed a potential purchaser to a seller of narcotics, was acting as an agent of that...

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