People v. Villacci

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rios, J.), rendered April 21, 1997, convicting him of criminal sale of a controlled substance in the third degree and criminal facilitation in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, and a new trial is ordered.

In determining whether to grant a defendant’s request for an instruction on the agency defense, a court is required to review the evidence in the light most favorable to the…