People v. Job
Court: Appellate Division of the Supreme Court of the State of New York; July 27, 1995; New York; State Appellate Court
Defendant was convicted of criminal sale of a controlled substance in the third degree and sentenced to a term of 5½ to 11 years as a second felony offender. The appellate court affirmed the conviction, stating that the defendant's claims regarding the trial court's closure of the courtroom during the undercover officer’s testimony were unpreserved for review, as no objection was raised at trial. Furthermore, the court indicated that even if the claims were reviewed, they would be found meritless. The defendant and dissenting opinion argued that the trial court erred in instructing the jury about agency, claiming it restricted their consideration of the agency defense. They referenced *People v Andujas*, asserting that a person acting partly to satisfy their own drug habit could still be considered an agent of the buyer. However, the court found no evidence that the defendant acted as a buyer, noting that her testimony suggested she acted as a middleman profiting from the sale. The appellate court concluded that the trial court correctly refused to expand the jury instructions on agency, as it had already informed the jury that benefits received from the buyer could support an agency defense. The claims regarding jury instructions were deemed without merit.