PEOPLE v. ROSA


192 A.D.2d 1082 (1993)

598 N.Y.S.2d 753

The People of the State of New York, Respondent, v. Jose Rosa, Appellant

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

April 14, 1993


Judgment unanimously affirmed.

Memorandum:

We reject defendant's argument that the People failed to disprove the agency defense. The facts tending to establish the defense were provided by the testimony of the codefendant and the court was not bound to credit that testimony. We also conclude that the verdict was not against the weight of the evidence and that the sentence was not harsh...

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