PEOPLE v. SCHIANO


198 A.D.2d 820 (1993)

605 N.Y.S.2d 1012

The People of the State of New York, Respondent, v. James Schiano, Appellant

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

November 19, 1993


Judgment unanimously affirmed.

Memorandum:

Defendant contends that the court erred by refusing to give an expanded instruction on the defense of agency (see, 3 CJI[NY] PL 220, at 1753). We disagree. The charge properly conveyed the agency defense to the jury (see, People v Vargas, 135 A.D.2d 853) and, when read "as a whole against the background of the evidence...

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