People v. Miller

Appeal by defendant from a judgment of the County Court, Westchester County, rendered June 12, 1964, convicting him of a felonious sale of a narcotic drug and felonious possession of a narcotic drug with intent to sell. Judgment reversed on the law and new trial ordered. In our opinion, the trial court erred in refusing to instruct the jury that if the)' found that defendant had acted solely as the agent of the buyer, he could not be convicted of the crime of selling narcotics (People v. Lindsey, 16 A D 2d 805, affd. 12 N Y 2d 958; People v. Silverman, 23 A D 2d 947; People v. Branch, 13 A D…