People v. Lothin

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered March 21, 1974, convicting her of criminally selling a dangerous drug in the third degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. The findings of fact have not been considered. One who acts solely as the agent of the buyer in a drug sale cannot be convicted of the crime of selling drugs (People v Hool, 46 AD2d 912; People v Lindsey, 16 AD2d 805, affd 12 NY2d 958). The issue of agency was presented by the evidence in this case; the denial of defendant’s…