People v. Callahan

Appeal by defendant from a judgment of the County Court, Nassau County, rendered April 2, 1976, convicting her of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence. Judgment reversed, as a matter of discretion in the interest of justice, and new trial ordered. The trial court erred in charging the jury as follows: "There are certain criteria that you may consider in determining whether the defendant was actually acting solely as an agent of the buyer. You may consider whether the defendant was associated with the seller in selling drugs,…