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PEOPLE v. GREAR

236 A.D.2d 309 (1997)

654 N.Y.S.2d 311

The People of the State of New York, Respondent, v. Angel Grear, Appellant

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

February 25, 1997

Viewing the evidence in a light most favorable to defendant (People v Butts, 72 N.Y.2d 746, 750), we find that no reasonable view of the evidence existed which could have supported the submission of the agency defense to the jury (People v Herring, 83 N.Y.2d 780). Defendant's conduct throughout the transaction was clearly that of a salesperson. Accordingly, the court's supplemental instructions...

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