People v. Mauras

Appeal by defendant from a judgment of the Supreme Court, Queens County (Dunkin, J.), rendered April 19, 1979, convicting him of criminal sale of a controlled substance in the first degree (two counts), upon a jury verdict, and imposing sentence. 11 Judgment reversed, on the law, and new trial ordered. H No contentions are raised as to the sufficiency of the findings of fact. However, the trial court erred in charging the jury on defendant’s agency defense, as follows: “Moreover, even if you find that the undercover officer requested the defendant to procure cocaine for him, you may still…