People v. McDowell

—Judgment unanimously affirmed. Memorandum: Defendant contends that the People failed to disprove, beyond a reasonable doubt, his agency defense. From our review of the record, we conclude that there was legally sufficient evidence for a rational trier of fact to determine that defendant was not merely an agent of the buyer and that the verdict is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490 , 495). Defendant’s further contentions that prosecutorial misconduct during summation mandates reversal and that the trial court’s interested witness charge was improper have not been preserved for our review (see, CPL 470.05 [2]). In any event, the trial court’s interested witness charge was in all respects proper (see, People v Agosto, 73 NY2d 963 , 967).

We have reviewed defendant’s remaining contentions and find them to be without merit. (Appeal from Judgment of Onondaga County Court, Mulroy, J.—Criminal Sale Controlled Substance, 1st Degree.) Present-Dillon, P. J., Doerr, Balio, Lawton and Davis, JJ.