Opinion
November 28, 1995
Appeal from the Supreme Court, New York County (Patricia Williams, J.).
The court's supplemental instruction on the defense of agency, which differed from the original instruction only in that it did not apply the facts of the case to the various factors that the court suggested might be useful in deciding the agency issue, was a meaningful response to the jury's request to be reinstructed on the defense ( People v Malloy, 55 N.Y.2d 296, 302, cert denied 459 U.S. 847). How the suggested factors applied to defendant's claim of agency was not so complicated as to require reiteration, it being obvious how the claim would be affected depending on whether or not, for example, defendant had initiated the transaction or received a benefit.
Concur — Rosenberger, J.P., Rubin, Kupferman, Asch and Mazzarelli, JJ.