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PEOPLE v. McALLISTER

172 A.D.2d 154 (1991)

The People of the State of New York, Respondent, v. Lawrence McAllister, Appellant

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

April 2, 1991

Defendant's arrest arose out of a "buy and bust" operation. We find defendant's contention that he was an agent of the undercover officer and therefore not culpable to be without merit. The issue of agency is for the jury to decide. (People v Lam Lek Chong, 45 N.Y.2d 64, 74, cert denied 439 U.S. 935.) Defendant personally took the undercover officer to co-defendant Vasquez and told Vasquez that the undercover officer "wants...

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