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PEOPLE v. GAINES

249 A.D.2d 323 (1998)

670 N.Y.S.2d 897

The People of the State of New York, Respondent, v. Kenneth Gaines, Appellant

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

April 6, 1998

Ordered that the judgment is affirmed.

We disagree with the defendant's contention that the trial court's denial of his request for an agency charge constituted reversible error. Before an agency charge is warranted, the evidence must be indicative of a relationship between the buyer and the defendant. It is not enough if the evidence merely raises ambiguities about the defendant's connection to the seller (People v Herring, 83 N.Y.2d 780<...

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