Opinion
2357
November 26, 2002.
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.
BETH BELLER, for respondent.
SAMIRA SHAH, for defendant-appellant.
Before: Mazzarelli, J.P., Rosenberger, Rubin, Gonzalez, JJ.
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 N.Y.2d 64, 74-75, cert denied 439 U.S. 935).
In view of this disposition, we need not reach defendant's other claim.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.