Opinion
March 26, 1998
Appeal from the Supreme Court, New York County (Fence Shea, J.).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The entire course of conduct among defendant, the undercover officer, and the codefendant established that defendant intentionally participated in the sale by taking the officer's order for drugs, and that defendant did not act as the officer's agent ( see, People v. Sanchez, 243 A.D.2d 312). We see no reason to disturb the jury's credibility determinations.
The record supports the court's determination, which is entitled to considerable deference, that the prosecutor's explanations for his challenges to two Latino potential jurors were not pretextual ( Batson v. Kentucky, 476 U.S. 79; People v. Hernandez, 75 N.Y.2d 350, and 500 U.S. 362).
Viewing the charge as a whole, we find that it adequately conveyed the appropriate principles of law with respect to defendant's agency defense ( see, People v. Job, 87 N.Y.2d 956).
Concur — Lerner, P. J., Milonas, Rosenberger, Nardelli and Williams, JJ.