Majority
p. 613The People of the State of New York, Respondent, v Derrick Shands, Appellant. [703 NYS2d 751]
—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lewis, J.), rendered September 17, 1998, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
p. 614
The defendant’s contention that the People failed to disprove the agency defense beyond a reasonable doubt is not preserved for appellate review (see, People v Gray, 86 NY2d 10 ; People v Udzinski, 146 AD2d 245 ). In any event, viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620 , 621), we find that it was legally sufficient to disprove the defendant’s claim that he was acting as an agent of the undercover officer in the narcotics transaction (see, People v Herring, 83 NY2d 780 ; People v Lam Lek Chong, 45 NY2d 64 ; People v Leybovich, 201 AD2d 670 ). Furthermore, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]). Santucci, J. P., Altman, Friedmann and Goldstein, JJ., concur.
Cases cited
- People v. Gray 86 NY2d 10 p. 614
- People v. Udzinski 146 AD2d 245 p. 614
- People v. Contes 60 NY2d 620 at 621 p. 614
- People v. Lam Lek Chong 45 NY2d 64 p. 614
- People v. Leybovich 201 AD2d 670 p. 614