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PEOPLE v. MONTANEZ

194 A.D.2d 387 (1993)

598 N.Y.S.2d 520

The People of the State of New York, Respondent, v. Jesus Montanez, Appellant

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

June 10, 1993

The trial court properly refused to instruct the jury with regard to an agency defense since no reasonable view of the evidence would warrant a finding that defendant acted as a mere instrumentality of the buyer in light of testimony which indicated he acted in concert with the distributor of the drugs (see, People v Lam Lek Chong, 45 N.Y.2d 64, cert denied 439 U.S. 935; People v Rivera, 184...

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