Criminal Law · MBE-tested

The People of the State of New York, Respondent, v. John Brown, Appellant

299 A.D.2d 292749 N.Y.S.2d 722·New York Supreme Court, Appellate Division·2002·NY

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Opinion

The People of the State of New York, Respondent, v John Brown, Appellant. [749 NYS2d 722] [MAJORITY] 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.