PEOPLE v. BRIMBERRY


237 A.D.2d 229 (1997)

655 N.Y.S.2d 27

The People of the State of New York, Respondent, v. Desiree Brimberry, Appellant

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

March 27, 1997


The trial court properly denied defendant's request for an agency charge, because there was no reasonable view of the evidence supporting the theory that defendant acted solely for the buyer. Defendant initiated the transaction, led the undercover officer to the codefendant, communicated to the codefendant the undercover's proposed purchase, took the money from the officer in exchange for the drugs, and transferred it to the codefendant (see, People v Alston

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