People v. Sierra

People v. Sierra, 45 N.Y.2d 56 (1978) stands for the proposition that the court cannot instruct the jury as to the temporary and lawful possession defense. In Sierra, the defendant sold cocaine to an undercover police officer. His defense was that he was acting as an agent for the officer. The trial court instructed the jury on the agency defense for the sale count, but refused to do so for the possessory count. However, Sierra is clearly distinguishable from the temporary and lawful possession of a weapon cases since the act in Sierra was not an innocent act (such as finding the contraband and turning it in to the police) and it would run contrary to public policy concerns. The defendant in Sierra was in no way acting as a good citizen. At the time he was assisting the buyer, he had no idea that the buyer was a police officer.