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PEOPLE v. ANDUJAS

168 A.D.2d 625 (1990)

The People of the State of New York, Respondent, v. Carlos Andujas, Appellant

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

December 24, 1990

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court properly instructed the jury that it could not accept his agency defense unless he acted "solely" as the agent of the buyer, who in this case was an undercover police officer (see, People v Lam Lek Chong, 45 N.Y.2d 64; see also, 3 CJI[NY] PL art 220, at 1750). Moreover, the court's agency charge, viewed in its entirety...

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