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PEOPLE v. GARCIA

211 A.D.2d 498 (1995)

621 N.Y.S.2d 330

The People of the State of New York, Respondent, v. Joseph Garcia, Appellant

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

January 17, 1995

Defendant's claim that the court erred in failing to charge the jury on the defense of agency is not preserved for appellate review as a matter of law, defendant having failed to object to the jury charge, or to request an agency charge (People v Gibbons, 156 A.D.2d 263, lv denied 75 N.Y.2d 919). In any event, were we to consider the claim in the interest of justice, we would find that no reasonable view of the evidence could...

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