Opinion
2000-04638
Submitted February 20, 2003.
March 10, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mullen, J.), dated April 20, 2000, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
Robert C. Mitchell, Riverhead, N.Y. (John M. Dowden of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Brian J. Counihan of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, LEO F. McGINITY, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the People failed to disprove the agency defense beyond a reasonable doubt is without merit. Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to disprove the defendant's claim that he was acting as an agent of the undercover officer in the narcotics transaction (see People v. Herring, 83 N.Y.2d 780; People v. Lam Lek Chong, 45 N.Y.2d 64, cert denied 439 U.S. 935; People v. Tomlinson, 280 A.D.2d 563; People v. Shands, 269 A.D.2d 613; People v. Trotty, 262 A.D.2d 337; People v. Leybovich, 201 A.D.2d 670). Furthermore, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15).
The defendant's remaining contentions are without merit.
ALTMAN, J.P., KRAUSMAN, McGINITY and COZIER, JJ., concur.