People v. Mallard

Since I believe it was error for the trial court to allow the prosecution to reopen its case to introduce prejudicial evidence relevant to a putative agency defense, I would reverse and order a new trial.

The prosecution alleged that defendant acted in concert to sell heroin to an undercover police officer. At the end of the People’s case, defendant moved to dismiss on the ground that the trial evidence did not make out a prima facie case, asserting that the testimony established “nothing more than criminal facilitation.”

The prosecutor responded that defense counsel was “arguing an agency…