People v. Cowie

Whether defendant acted as an agent of the buyer or as a seller in the drug transaction is a "factual question for the jury to resolve” (People v Lam Lek Chong, 45 NY2d 64 , 74, cert denied 439 US 935 ). As "long as there is some reasonable view of the evidence that the defendant acted as a mere instrumentality of the buyer, [or the] determination of the existence of an agency relationship should be submitted to the jury with appropriate instructions” (People v Roche, 45 NY2d 78 , 86). Defendant did not suggest the purchase nor press for it. The informant pursued their relationship and initiated the conversations about drugs. There is no proof that defendant received a benefit as a result of the transaction. Moreover, the evidence could support the conclusion that defendant’s motivation for procuring and selling a small amount of cocaine was the friendship that existed between defendant and the informant. (Appeal from judgment of Livingston County Court, Cicoria, J. — criminal sale of controlled substance, third degree.) Present — Doerr, J. P., Boomer, Pine, Balio and Davis, JJ.