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PEOPLE v. DOBIE

249 A.D.2d 411 (1998)

671 N.Y.S.2d 141

The People of the State of New York, Respondent, v. Dennis Dobie, Appellant

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

April 13, 1998

Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, and a new trial is ordered.

The Supreme Court committed reversible error in refusing the defendant's request for an agency charge. "[It is well established] that one who acts solely as the agent of a purchaser of narcotics cannot be convicted of the crime of criminal sale of a controlled substance" (People v Roche...

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