People v. Valentine

Judgment, Supreme Court, Bronx County, rendered on November 6, 1974, convicting defendant, after trial, of the crime of criminal sale of a controlled substance in the first degree, unanimously reversed, on the law, and matter remanded for a new trial. The trial court erroneously charged as follows: "You must also determine whether the defendant gained any financial or personal gain from the transaction in question. If he did, he cannot be considered an agent of the buyer.” Defendant properly excepted to this charge. On this record the jury could have found that defendant acted solely as the…