New York Court of Appeals
The People of the State of New York, Appellant-Respondent v. Antonio Roche
June 15, 197845 N.Y.2d 78
Summary
The Court affirmed the Appellate Division's reversal of the criminal sale conviction and upheld the possession conviction, holding that the agency defense applies to Roche and that a jury should have been instructed on that issue. The Court also noted that agency is not a defense to possession. Chief Judge Breitel, Jones, and Wachtler, JJ., concurred in the result but cautioned against overly precise definitions of the agency defense.