People v. Tower

— Judgment unanimously affirmed. Memorandum: Defendant was convicted of criminal sale of a *618controlled substance in the third and fifth degrees. On appeal, his principal claim is that the court erred in its charge on the agency defense by (1) instructing on the defense in conjunction with instructions on the elements of a criminal sale, and (2) limiting the description of buyers to two of the three persons involved.

The critical fact issue for the jury was whether defendant was a seller or an agent of a buyer. By charging the elements of sale and agency at the same time, the court’s…