Majority
p. 964The People of the State of New York, Respondent, v David M. Abraham, Appellant.
Judgment unanimously affirmed. Memorandum: We reject defendant’s contentions that the prosecution failed to disprove defendant’s agency defense (see, People v Lam Lek Chong, 45 NY2d 64 , 74-75, cert denied 439 US 935 ) and that his concurrent sentences of 4 to 12 years are harsh and excessive. (Appeal from judgment of Oneida County Court, Aison, J.—criminal sale of controlled substance, third degree.) Present—Callahan, J. P., Doerr, Boomer, Green and Balio, JJ.
Cases cited
- People v. Lam Lek Chong 45 NY2d 64 at 74-75 p. 964