PEOPLE v. RUBENS


190 A.D.2d 969 (1993)

The People of the State of New York, Respondent, v. Daniel Rubens, Appellant

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

February 25, 1993


Mercure, J.

Defendant was convicted upon a jury verdict of criminal sale of a controlled substance in the third degree as the result of his February 22, 1991 sale of cocaine to State Trooper Marie Kirkwood. The arguments raised on appeal lack merit and do not warrant extended discussion. Initially, in view of the fact that defendant raised the defense of agency in his opening statement and cross-examination of prosecution witnesses and indicated his intention...

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