People v. Herring, 83 N.Y.2d 781 (1994)

A defendant is entitled to an agency charge in a drug sale case only when there is a reasonable view of the evidence to support the theory that the defendant was acting solely on behalf of the buyer; mere ambiguity regarding the defendant’s connection to the seller is insufficient.

Summary

Herring was convicted of criminal sale and possession of a controlled substance. He requested an agency charge, arguing he acted solely as the buyer’s agent. The trial court denied this request, but the Appellate Division reversed. The Court of Appeals reversed the Appellate Division, holding that the evidence did not support an agency charge because there was no reasonable view of the evidence suggesting Herring acted solely on behalf of the buyer. The Court emphasized the necessity of demonstrating a relationship with the buyer, not simply ambiguities in the defendant’s connection to the seller, to warrant an agency charge.

Facts

An undercover police officer asked Herring, a stranger, if he had drugs for sale. Herring led the officer to a storefront, took money from him, and entered the building. Inside, Herring obtained four vials of cocaine from a codefendant and gave them to the officer. Herring then left the area and was later arrested. He was subsequently charged with criminal sale and criminal possession of a controlled substance.

Procedural History

At trial, Herring requested the court to instruct the jury on the agency defense, arguing that he was acting solely as an agent of the buyer. The trial court denied the request. The Appellate Division reversed, finding there was a factual issue regarding agency because Herring did not solicit customers and received nothing for his participation. The Court of Appeals then reversed the Appellate Division, remitting the case for consideration of the facts.

Issue(s)

1. Whether the evidence presented at trial was sufficient to warrant an agency charge to the jury.

Holding

1. No, because there was no reasonable view of the evidence to support the theory that Herring was acting solely on behalf of the buyer.

Court’s Reasoning

The Court of Appeals reasoned that an agency charge is only warranted when the evidence indicates a relationship with the buyer, not merely ambiguities about the defendant’s connection to the seller. The Court found that Herring’s actions, including immediately understanding the officer’s request and leading him to a nearby drug operation, were inconsistent with acting solely as the buyer’s agent. The Court noted that even if Herring received no compensation and did not solicit the sale, this did not automatically establish agency. The Court stated, “Before an agency charge is warranted, the evidence must be indicative of a relationship with the buyer not merely raise ambiguities about the defendant’s connection to the seller.” The Court emphasized that the jury could not reasonably conclude from the evidence that Herring was acting solely as an extension of the buyer. The Court also noted that Herring was convicted on an acting-in-concert theory, and the jury’s finding of guilt on that theory necessarily precluded the possibility of agency.