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PEOPLE v. ANDUJAS

79 N.Y.2d 113 (1992)

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

Court of Appeals of the State of New York.

Decided February 18, 1992.

Attorney(s) appearing for the Case

De Nice Powell and Philip L. Weinstein for appellant.

Charles J. Hynes, District Attorney (Keith Dolan, Jay M. Cohen and Peter A. Weinstein of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and BELLACOSA concur.

HANCOCK, JR., J.

When a defendant charged with selling drugs to an undercover officer has purchased a portion of the drugs for his own use and the balance as agent for the officer, he may — notwithstanding his personal interest in a portion of the drugs as a purchaser — nevertheless be entitled to an agency defense as to the balance. Here, according to defendant's testimony, one of

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