People v. Andujas

OPINION OF THE COURT

Hancock, Jr., J.

When a defendant charged with selling drugs to an undercover officer has purchased a portion of the drugs for his own use and the balance as agent for the officer, he may — notwithstanding his personal interest in a portion of the drugs as a purchaser — nevertheless be entitled to an agency defense as to the balance. Here, according to defendant’s testimony, one of *115the drug sales for which he was convicted was a purchase for himself and for the undercover officer as an agent. The primary question presented in his appeal concerns the court’s instruction to…