PEOPLE v. BAEZ


162 A.D.2d 602 (1990)

The People of the State of New York, Respondent, v. Franklin Baez, Appellant

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

June 18, 1990


Ordered that the judgment is affirmed.

The defendant contends that he was entitled to a jury instruction on the defense of agency because the testimony of an undercover officer raised the issue of whether he was acting merely as the agent of a purchaser. He argues that the court, by failing to so instruct the jury, deprived him of a fair trial. The defendant's claim of error is unpreserved. A reading of the record shows that at no time during the trial did the defendant...

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