People v. Brimberry

Judgment, Supreme Court, New York County (Jay Gold, J.), rendered April 13, 1995, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing her, as a second felony offender, to a term of 41/2 to 9 years, unanimously affirmed.

The trial court properly denied defendant’s request for an agency charge, because there was no reasonable view of the evidence supporting the theory that defendant acted solely for the buyer. Defendant initiated the transaction, led the undercover officer to the codefendant, communicated to the co-defendant…