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PEOPLE v. ROSE

58 A.D.3d 544 (2009)

872 N.Y.S.2d 48

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL ROSE, Appellant.

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

January 27, 2009.

The court properly denied defendant's request for an agency charge, since there was no reasonable view of the evidence, viewed most favorably to defendant, that he acted solely on behalf of the buyer (see People v Herring, 83 N.Y.2d 780 [1994]; People v Lam Lek Chong, 45 N.Y.2d 64, 74-75 [1978], cert denied 439 U.S. 935 [1978]). Contrary to defendant's argument, there was no factual...

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