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PEOPLE v. CARRION

54 A.D.3d 640 (2008)

864 N.Y.S.2d 16

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANGEL CARRION, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

September 25, 2008.

After the People rested their case and defendant rested without presenting any evidence, defendant, who had not previously mentioned an agency defense, successfully requested a jury charge on that defense. Accordingly, the court properly exercised its discretion regarding the order of proof (see CPL 260.30 [7]; cf. People v Whipple, 97 N.Y.2d 1 [2001]) when it permitted the People to reopen their case to introduce defendant...

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