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PEOPLE v. COSTON

267 A.D.2d 185 (1999)

701 N.Y.S.2d 26

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEFF COSTON, Appellant.

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

Decided December 28, 1999.

Defendant was not entitled to a jury charge regarding agency since there was no reasonable view of the evidence supporting his theory that he was acting only on behalf of the buyer (see, People v Herring, 83 N.Y.2d 780). Defendant, a complete stranger to the purchasing undercover officer, responded to the officer's request for $25 worth of cocaine by patting him down and then steering him to his codefendant, whereupon defendant then...

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