People v. Polsenberg
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Judgment unanimously affirmed. Memorandum: The trial court properly refused defendant’s request for an agency charge. There was no reasonable view of the evidence tending to support defendant’s position that, when he transferred cocaine to the undercover officer in exchange for money, he was acting as the officer’s agent (see, People v Dore, 129 AD2d 992, 993, and cases cited therein). Defendant never met the officer before the first sale; defendant exhibited salesman-like behavior touting the quality of the cocaine and expressing an interest in future business; the sale took place in…
2Cases cited2 opinions
- People v. DoreAppellate Division of the Supreme Court of the State of New York · 1987
- People v. SandersAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by1 opinion
- People v. MartinezAppellate Division of the Supreme Court of the State of New York · 1993