People v. Hood

—Judgment unanimously modified as a matter of discretion in the interest of justice and as modified affirmed in accordance with the following Memorandum: Defendant appeals from a judgment convicting him after a jury trial of, inter alia, criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]). We reject defendant’s contention that County Court erred in failing to instruct the jury on the agency defense. The evidence establishes that defendant flagged down three undercover police officers driving by in a pickup truck. When defendant asked what they were looking…