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PEOPLE v. KENNEDY

287 A.D.2d 330 (2001)

731 N.Y.S.2d 367

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EUGENE KENNEDY, Appellant.

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

Decided October 16, 2001.

The court properly refused to instruct the jury on the agency defense. There was no reasonable view of the evidence to support the theory that defendant was acting as an agent for the buyer (see, People v Herring, 83 N.Y.2d 780). On the contrary, the evidence simply established that defendant acted as a salesman who solicited and took the undercover buyer's drug order, accepted his cash, and relayed the order and cash to the codefendant...

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