People v. Brown

299 A.D.2d 292, 749 N.Y.S.2d 722, 2002 N.Y. App. Div. LEXIS 11538

Opinion

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 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.