Commonwealth v. Murillo

Contending only that the jury instructions were, improper, the defendant seeks reversal of his conviction of trafficking in more than 200 grams of cocaine in violation of G. L. c. 94C, § 32E(6)(4), as appearing in St. 1988, c. 124. In particular, the defendant contends that the jury should have been instructed to find him not guilty if they believed he was acting in connection with the drug transaction solely as an agent of the buyer. Relying on Commonwealth v. Harvard, 356 Mass. 452, 456-457 (1969), and a series of cases decided in New York, see, e.g., People v. Roche, 45 N.Y.2d 78 (1978),…