People v. Torrence
Cases that cite this one
5 later published cases cite this decision.
- People v. Barber (Appellate Division of the Supreme Court of New York 2009)
- People v. Brown (Appellate Division of the Supreme Court of New York 2008)
- People v. Arbas (Appellate Division of the Supreme Court of New York 2011)
- People v. Jackson (Appellate Division of the Supreme Court of New York 2004)
- People v. Kowallis (Appellate Division of the Supreme Court of New York 2003)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Appeal from a judgment of Erie County Court (DiTullio, J.), entered January 31, 2001, convicting defendant after a nonjury trial of, inter alia, criminal sale of a controlled substance in the third degree.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convict
Contrary to defendant’s further contention, the People were not required to charge the defense of agency to the grand jury. “[T]he question of whether a particular defense need be charged depends upon its potential for eliminating a needless or unfounded prosecution” (People v Valles, 62 NY2d 36, 38 [1984]), e.g., whether, “had the Grand Jury believed that defendant’s acts were justified, no indictment would have been returned” (id. at 39). In this case, even had the agency defense been charged, possession charges were pending that were not subject to an agency defense. Moreover, defendant did not testify before the grand jury nor did he request that the defense of agency be charged, and the testimony of the three grand jury witnesses did not establish a case of agency (see People v Thompson, 174 AD2d 1007 [1991], lv denied 78 NY2d 1082 [1991]; cf. People v Jenkins, 157 AD2d 854, 855 [1990]).
Defendant failed to preserve for our review his further
Case-law data current through December 31, 2025. Source: CourtListener bulk data.