People v. Polanco

Judgment, Supreme Court, New York County (Martin Rettinger, J.), rendered November 12, 1997, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.

Defendant’s request for an agency charge was properly denied. “Before an agency charge is warranted, the evidence must be indicative of a relationship with the buyer [and] not merely raise ambiguities about the defendant’s connection to the seller” (see People v Herring, 83 NY2d 780, 783). Even when…