New York Court of Appeals February 20, 1980 (People v. Darrisaw)

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, and *788the case remitted to that court for further consideration in accordance with this memorandum.

The substantive issue tendered for consideration on this appeal is whether defendant, on trial for sale and possession of controlled substances, was entitled to a charge with respect to an agency defense.