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PEOPLE v. VASQUEZ

283 A.D.2d 239 (2001)

724 N.Y.S.2d 406

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS VASQUEZ, Appellant.

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

Decided May 15, 2001.

Defendant's request for an agency charge should have been granted, because a reasonable view of the evidence could support the inference that he was acting as an agent of the undercover officer (see, People v Argibay, 45 N.Y.2d 45, 53-55, cert denied sub nom. Hahn-DiGuiseppe v New York, 439 U.S. 930; People v Lam Lek Chong, 45 N.Y.2d 64, 73, cert denied 439 U.S. 935;

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