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PEOPLE v. LARA

Ind. No. 4514/17. Appeal No. 14692. Case No. 2019-1540.

199 A.D.3d 587 (2021)

157 N.Y.S.3d 20

2021 NY Slip Op 06557

The People of the State of New York, Respondent, v. Jesus Lara, Appellant.

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

Decided November 23, 2021.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Shaina R. Watrous of counsel), for appellant.

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

Concur—Kern, J.P., Gesmer, González, Shulman, Higgitt, JJ.

The court correctly declined to deliver an agency defense regarding the third-degree possession count, which was based on intent to sell, because there was no reasonable view of the evidence, viewed most favorably to defendant, to support such a charge (see People v Herring, 83 N.Y.2d 780, 782 [1994]). Although defendant was known to the confidential informant who acted as the buyer, there was no reasonable view that defendant was...

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