People v. Mattice

Memorandum: On appeal from a judgment convicting him of criminal sale of a controlled substance in the second degree (two counts) and criminal possession of a controlled substance in the third degree, defendant contends that the court erred in instructing the jury on the agency defense and in limiting defendant’s testimony. Neither contention has merit.

Defendant argues that the court’s supplemental charge on agency impermissibly suggested that the existence of a profit motive was determinative of whether defendant was an agent of the buyer. Defendant’s challenge to the court’s supplemental…