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PEOPLE v. POLANCO

302 A.D.2d 305 (2003)

756 N.Y.S.2d 170

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EMILIO POLANCO, Appellant.

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

Decided February 25, 2003.

Defendant's request for an agency charge was properly denied. "Before an agency charge is warranted, the evidence must be indicative of a relationship with the buyer [and] not merely raise ambiguities about the defendant's connection to the seller" (see People v Herring, 83 N.Y.2d 780, 783). Even when viewed most favorably to defendant, there was no reasonable view of the evidence that he was a mere extension of the buyer and not...

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