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PEOPLE v. MAHON

4569/10 6354 6353.

160 A.D.3d 563 (2018)

74 N.Y.S.3d 554

2018 NY Slip Op 02750

The People of the State of New York, Respondent, v. Kalonji Mahon, Appellant.

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

Decided April 24, 2018.

Regardless of whether there was a reasonable view of the evidence supporting an agency defense, it would have been inappropriate for the court to instruct the jury regarding that defense after defendant's attorney expressly opposed such a charge. A sua sponte agency charge would have improperly interfered with counsel's strategy, as discussed herein (see People v DeGina, 72 N.Y.2d 768, 776 [1988]). In any event, there was no reasonable...

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