PEOPLE v. HARRIS


9 A.D.3d 334 (2004)

780 N.Y.S.2d 145

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TYRONE HARRIS, Also Known as VINCENT CARR, Appellant.

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

July 29, 2004.


Defendant contends that the court committed reversible error by failing to deliver an agency charge. We conclude that, to the contrary, the record affords no basis for such an instruction.

In the early morning of February 16, 2001, Police Officer Joseph Barosa, a member of the street narcotics enforcement unit, watched from an observation post as two white males approached defendant, who was standing on the corner of West 47th Street and Eighth Avenue. After a brief...

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