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PEOPLE v. JOHNSON

249 A.D.2d 417 (1998)

671 N.Y.S.2d 139

The People of the State of New York, Respondent, v. Davis Johnson, Appellant

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

April 13, 1998

Ordered that the judgment is affirmed.

The defendant was arrested during a so-called "buy and bust" operation in which he and a codefendant sold crack cocaine to an undercover police officer. Contrary to the defendant's contention, the defendant's request for a charge on the agency defense was properly denied. The defendant's own testimony clearly indicated that he had a direct interest in the outcome and the contraband...

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