People v. Simpson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Fein, J.
Based upon a careful and thoughtful opinion, the Trial Justice granted defendant’s motion to set aside the jury’s verdict which had convicted defendant of criminal sale of a controlled substance in the second degree (Penal Law, § 220.41, subd 1) and criminal sale of a controlled substance in the third degree (Penal Law, § 220.39).
*307The Trial Justice concluded that the refusal to charge on the agency defense, as requested, entitled defendant to a new trial because such refusal “would require a reversal as a matter of law if raised upon an appeal” (CPL 330.30, subd 1),…
2Cases cited6 opinions
- People v. Lam Lek ChongNew York Court of Appeals · 1978
- People v. ArgibayNew York Court of Appeals · 1978
- People v. RocheNew York Court of Appeals · 1978
- People v. SierraNew York Court of Appeals · 1978
- People v. GonzalesAppellate Division of the Supreme Court of the State of New York · 1978
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. SandersAppellate Division of the Supreme Court of the State of New York · 1985
- People v. HughesAppellate Division of the Supreme Court of the State of New York · 1986
- People v. MorenoAppellate Division of the Supreme Court of the State of New York · 1990
- People v. RosaAppellate Division of the Supreme Court of the State of New York · 1994
- People v. YatesAppellate Division of the Supreme Court of the State of New York · 1993