People v. Metuxrakis

Appeal by the *305defendant from a judgment of the Supreme Court, Queens County (Rios, J.), rendered April 30, 1997, convicting her of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered. The facts have been considered and determined to have been established.

The Supreme Court committed reversible error in refusing the defendant’s request for an agency charge. It is well established that “one who acts solely as the agent of a purchaser of narcotics cannot be convicted…