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PEOPLE v. SOTO-BECERRIL

Ind No. 3013N/16. Appeal No. 14258. Case No. 2018-1947.

198 A.D.3d 423 (2021)

152 N.Y.S.3d 315

2021 NY Slip Op 05296

The People of the State of New York, Respondent, v. Artemio Soto-Becerril, Appellant.

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

Decided October 5, 2021.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( David Crow of counsel), and Krieger Kim & Lewin LLP, New York ( Henry L. Ross of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Molly Morgan of counsel), for respondent.

Concur—Renwick, J.P., Gische, Kapnick, Kennedy, Shulman, JJ.

The trial court properly denied defendant's request for an agency charge, because there was no reasonable view of the evidence, viewed most favorably to defendant, to support such a charge (see People v Lam Lek Chong, 45 N.Y.2d 64, 74-76 [1978], cert denied 439 U.S. 935 [1978]). Entitlement to an agency charge depends on the relationship between the buyer and defendant. There must be a reasonable view of the evidence that...

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