People v. Richardson

Judgment, Supreme Court, Bronx County (William T. Martin, J.), rendered May 9, 1988, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and sentencing him to an indeterminate term of imprisonment of from 4 Vi to 9 years, unanimously affirmed.

Defendant was arrested on September 22, 1987 as part of a buy-and-bust operation. Having raised the defense of agency, defendant contends that the court’s failure to charge that it was the People’s burden to disprove the agency defense beyond a reasonable doubt deprived him of a fair trial. We conclude…