Ordered that the judgment is reversed, on the law, and a new trial is ordered.
The defendant was arrested in a so-called "buy and bust" operation for allegedly selling cocaine to an undercover police officer. At trial the court denied the defendant's request to charge the jury on the defense of agency.
It is well settled 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...
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