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PEOPLE v. SANTIAGO

206 A.D.2d 251 (1994)

614 N.Y.S.2d 400

The People of the State of New York, Respondent, v. Eddie Santiago, Appellant

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

July 5, 1994

Defendant's contention that the trial court erred in failing to charge an agency defense is unpreserved, and we decline to review it in the interest of justice. In any event, there was no reasonable view of the evidence to support an inference that the supposed agent was acting as an extension of the undercover buyer (People v Gibbons, 156 A.D.2d 263, lv denied 75 N.Y.2d 919). Even under defendant's version of events, defendant...

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