PEOPLE v. LEGISTER


187 A.D.2d 326 (1992)

The People of the State of New York, Respondent, v. Desmond Legister, Appellant

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

November 17, 1992


We find no error in the court's charge on the defense of agency. Use of the phrase "solely as a favor to the buyer" in defining the concept of agency was, in the context of the entire charge, proper and did not serve to convey the idea that defendant's motives had to be entirely altruistic for the defense to avail.

While we agree with defendant that the court erred in giving a missing witness charge as to Precious Campbell since she was not shown to be under defendant...

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