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PEOPLE v. GRAY

232 A.D.2d 179 (1996)

647 N.Y.S.2d 759

The People of the State of New York, Respondent, v. Clifton Gray, Appellant

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

October 3, 1996

Any error in not charging the agency defense with respect to 8 to 10 crack vials that defendant testified he had purchased on behalf of two friends was harmless in view of the overwhelming evidence that defendant possessed a total of 98 crack vials with intent to sell them. First, the jury could have convicted defendant of possession with intent to sell based on the police officer's testimony that he saw defendant complete two...

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