People v. Gibbs

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant, upon his trial for criminal sale of a controlled substance, relied solely upon the defense of agency. The prosecutor, in an apparent effort to refute the defense, repeatedly attempted to question an arresting officer concerning defendant’s possession of “buy money” when he was arrested. Defense counsel’s immediate objections to these efforts to elicit such testimony were, in each instance, sustained. The only testimony on the matter reaching the jury was to the effect that money had been given to…