AGENCY 1 - Judiciary of New York司法机构1 -纽约.pdfVIP

AGENCY 1 ____________________ After instructing the jury on the defined terms of the appropriate charged offense, add the following instruction on the defense of agency. Then, in listing the elements of the offense, add, as the final element, the following: “and, #. That the defendant was not the agent of the buyer.”] ____________________ In this case, with respect to this count [and count(s) (specify)], the defendant has raised the agency defense. Under our law, a person is not guilty of selling a controlled substance [marihuana] [or of possessing a controlled substance (marihuana) with the intent to sell it] if he/she was acting as the agent of the buyer. An agent of a buyer is a person whose sole concern in a drug transaction is not the selling of drugs but the purchasing or acquiring of drugs for another [or for another and himself/herself].2 By contrast, a person is not an agent of the buyer if such person participates in a drug transaction for the purpose of selling or aiding another to sell. [Nor is a person the agent of the buyer if he/she participates in the transaction for the purpose of independently brokering the sale between the buyer and the seller.]3 In order to determine whether the defendant in this case was an agent of the buyer, you must consider all the evidence relating to the circumstances surrounding the transaction, 4 including the role the defendant played in it. Examples of factors that would support the agency defense 5 include the following : 1. That, prior to the transaction, the defendant and (specify name of buyer