PEOPLE v. JOHNSON


286 A.D.2d 622 (2001)

730 N.Y.S.2d 102

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TONY JOHNSON, Also Known as GARY BROWN, Appellant.

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

Decided September 18, 2001.


The verdict was not against the weight of the evidence. Defendant's agency defense was clearly refuted by the evidence, including defendant's testimony that he was engaged in the business of arranging drug transactions in return for a share of the drugs. Since, even under defendant's version of the facts, he received more than a tip or incidental benefit, and acted primarily, if not exclusively, for his own profit, he was not entitled to the protection afforded by the agency...

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