Majority
p. 125The People of the State of New York, Respondent, v Michael Hill, Appellant. [629 NYS2d 4]
Judgment, Supreme Court, New York County (Rena Uviller, J.), rendered April 18, 1991, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 6 to 12 years, unanimously affirmed.
Defendant’s request to charge the defense of agency was properly denied. Where the undercover officer, a complete stranger, asked defendant if he was "open”, and, upon defendant’s reply, "Yes * * * how many [do] you want?”, placed an order with defendant for "Two”, and defendant immediately relayed the undercover’s order to the codefendant,
p. 126
who completed the sale, there was no evidence whatsoever "indicative of a relationship with the buyer” (People v Herring, 83 NY2d 780 , 783) warranting an agency charge. Concur— Kupferman, J. P., Ross, Asch, Nardelli and Tom, JJ.