People v. Banks

The court properly exercised its discretion in denying defendant’s request for an agency charge since there was no reasonable view of the evidence, viewed most favorably to defendant, that he acted solely on behalf of the buyer (see People v Herring, 83 NY2d 780 [1994]; People v Lam Lek Chong, 45 NY2d 64, 74-75 [1978], cert denied 439 US 935 [1978]; People v Vaughan, 300 AD2d 104 [2002], lv denied 99 NY2d 633 [2003]). Defendant negotiated the price for a large-scale drug purchase with the buyer (a confidential informant with whom he was slightly acquainted) and accepted the money. There is…