PEOPLE v. VILLACCI


266 A.D.2d 485 (1999)

700 N.Y.S.2d 34

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL VILLACCI, Appellant.

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

Decided November 22, 1999.


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.

In determining whether to grant a defendant's request for an instruction on the agency defense, a court is required to review the evidence in the light most favorable to the defendant and then give the instruction if there was "some evidence, however slight, to support the inference that the supposed agent was acting, in effect, as...

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