People v. Darrisaw

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, and *788the case remitted to that court for further consideration in accordance with this memorandum.

The substantive issue tendered for consideration on this appeal is whether defendant, on trial for sale and possession of controlled substances, was entitled to a charge with respect to an agency defense. The Appellate Division held that this issue had been preserved for appellate review and that "in the circumstances of this case, the failure to charge agency constituted reversible error” (68 AD2d 822, 823).

Our…