PEOPLE v. GONZALEZ


170 A.D.2d 354 (1991)

The People of the State of New York, Respondent, v. Joe Gonzalez, Appellant

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

February 21, 1991


Defendant's request for an agency charge was properly denied. Defendant urges that he never exhibited any independent desire to promote the transaction or behaved like a salesman, but the evidence does not permit the inference that he acted as the undercover officers' agent. The evidence does not suggest that defendant was a mere extension of the officers. (People v Argibay, 45 N.Y.2d 45; People v Ramirez,

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