Opinion
November 16, 1994
Appeal from the Onondaga County Court, Cunningham, J.
Present — Green, J.P., Pine, Lawton, Callahan and Doerr, JJ.
Judgment unanimously affirmed. Memorandum: The jury's rejection of defendant's agency defense was not contrary to the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495; see also, People v. Lam Lek Chong, 45 N.Y.2d 64, cert denied 439 U.S. 935; People v. Foskit, 168 A.D.2d 961, lv denied 77 N.Y.2d 877). The People proved the aggregate weight of the cocaine beyond a reasonable doubt (see, People v. Smith, 209 A.D.2d 996 [decided herewith]; People v. Nelson, 144 A.D.2d 714, 717, lv denied 73 N.Y.2d 894; People v. Konyack, 99 A.D.2d 588; Donnino, Practice Commentaries, McKinney's Cons Law of NY, Book 39, Penal Law art 220, at 9-11). We reject the contention that the prosecutor's use of a chart during summation deprived defendant of a fair trial (see, People v. Galloway, 54 N.Y.2d 396, 401; People v. Smith, supra). Defendant's sentence is not harsh or excessive.