People v. Roche, 45 N.Y.2d 78 (1978)

In a prosecution for the sale of a controlled substance, a defendant is entitled to a jury instruction on the agency defense if there is a reasonable view of the evidence to suggest they acted solely as the buyer’s agent, without any independent commercial interest in promoting the transaction.

Summary

Roche was convicted of criminal sale of a controlled substance. At trial, he requested a jury instruction on the agency defense, arguing he acted solely as the buyer’s agent. The trial court denied the request, but the Court of Appeals reversed, holding that Roche’s testimony presented a reasonable view of the evidence supporting the agency defense. The court emphasized that if Roche procured the drugs solely to accommodate a friend without any profit motive, he acted as an agent, and the jury should have been instructed accordingly. The indictment charging a sale to a specific person does not preclude an agency defense based on transferring the substance to another individual. Thus, the failure to charge agency was reversible error.

Facts

Undercover Officer Fargione and informant Bowe went to Roche’s apartment to buy cocaine, pre-arranged by phone calls between Roche and Bowe. According to the prosecution, Roche handed Bowe an envelope containing cocaine. Bowe took some, added flour, and gave the rest to Fargione. Fargione tried to pay Roche, but Roche directed the money to Bowe, who then gave it to Roche.

Roche testified that Bowe repeatedly asked him to get cocaine. Roche procured one gram for $125 as a favor, making no profit and having no interest in the transaction. He gave the cocaine to Bowe, who added flour, and Bowe paid him in Fargione’s absence. Roche stated this was the first time he had ever procured cocaine for another.

Procedural History

Roche was convicted of criminal sale of a controlled substance in the third degree. He appealed, arguing the trial court erred in refusing to instruct the jury on the agency defense. The Appellate Division affirmed the conviction. Roche then appealed to the New York Court of Appeals.

Issue(s)

Whether the trial court erred in refusing to instruct the jury on the agency defense, given Roche’s testimony suggesting he acted solely as an agent for the buyer.

Holding

Yes, because Roche’s testimony provided a reasonable view of the evidence that he acted solely to accommodate a friend (Bowe) without any commercial interest in promoting the transaction, thus entitling him to a jury instruction on the agency defense.

Court’s Reasoning

The Court of Appeals emphasized that the agency defense applies when a defendant acts solely as the buyer’s alter ego in procuring drugs. If there is a reasonable view of the evidence supporting the claim that the defendant acted as an instrumentality of the buyer, the court must instruct the jury on the agency defense. The court stated, “In this case, failure to grant defendant’s timely request to charge agency constitutes reversible error. Defendant’s testimony raised the question of whether he simply purchased and delivered a small quantity of drugs solely to accommodate a friend without any commercial interest in promoting the transaction — the quintessential agency relationship.”

The court dismissed the argument that the transfer of drugs from Bowe to Fargione invalidated the agency defense, stating that under Roche’s version of the facts, these were two distinct transactions. The court also rejected the argument that the indictment charging a sale to Fargione precluded the agency defense. The court stated, “The corpus delicti of the crime charged was the transfer of a controlled substance (Penal Law, § 220.00, subd 1); the person to whom that substance was transferred was immaterial to this conviction.” The court noted that denying the agency defense in this circumstance would be “tantamount to a ruling that the transfer constituted a sale as a matter of law without putting the People to their burden of disproving an agency relationship.” The court concluded that the People cannot deprive a defendant of the agency defense by charging them with a sale to whomever ultimately obtains the drugs.