Majority
p. 292The People of the State of New York, Respondent, v John Brown, Appellant. [749 NYS2d 722]
Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered March 28, 2001, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a
p. 293
term of 5 to 10 years, unanimously reversed, on the law, and the matter remanded for a new trial.
As the People concede, defendant’s request for an agency charge should have been granted. Viewed most favorably to defendant, a reasonable view of the evidence supports that defense (see People v Lam Lek Chong, 45 NY2d 64 , 74-75, cert denied 439 US 935 ).
In view of this disposition, we need not reach defendant’s other claim. Concur — Mazzarelli, J.P., Rosenberger, Rubin and Gonzalez, JJ.
Cases cited
- People v. Lam Lek Chong 45 NY2d 64 at 74-75 p. 293