Opinion
Argued May 5, 1981
Decided June 4, 1981
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JAMES G. STARKEY, J.
Eve Cary and William E. Hellerstein for appellant.
Eugene Gold, District Attorney (Peter Weinstein of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed.
On the present record, the issue of whether the defendant acted as the agent of the purchaser was properly submitted to the jury as a question of fact (People v Roche, 45 N.Y.2d 78, cert den 439 U.S. 958; People v Chong, 45 N.Y.2d 65; People v Argibay, 45 N.Y.2d 45).
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.
Order affirmed in a memorandum.