PEOPLE v. FIGUEROA


200 A.D.2d 546 (1994)

606 N.Y.S.2d 700

The People of the State of New York, Respondent, v. Geronimo Figueroa, Appellant

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

January 27, 1994


Defendant's claim that he was denied a fair trial because the trial court did not charge the jury on agency is unpreserved as a matter of law (CPL 470.05 [2]), and we decline to review it in the interest of justice. If we were to review it, we would find that no reasonable view of the evidence could support a finding that defendant acted as the undercover officer's agent in this "buy and bust" operation, and that there was thus...

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