PEOPLE v. FOWLER


176 A.D.2d 620 (1991)

The People of the State of New York, Respondent, v. Albert Fowler, Appellant

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

October 22, 1991


Defendant and another individual sold two vials of crack to an undercover police officer on a street corner in lower Manhattan. Counsel presented an agency defense, and after the court found defendant guilty, counsel moved to set aside the verdict on the grounds that the People had failed to disprove the agency defense beyond a reasonable doubt, relying on a recent Second Department case, People v Matos (123 A.D.2d 330). The court...

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