Opinion
June 8, 1993
Appeal from the Supreme Court, New York County (Leslie Crocker Snyder, J.).
In view of defendant's salesmanlike behavior in counting the money, arranging the sale price, and taking a profit, no reasonable view of the evidence would support a finding that he was acting as an agent of the buyer, and his request for an agency charge was properly denied (People v. Ortiz, 76 N.Y.2d 446; People v. Argibay, 45 N.Y.2d 45, cert denied sub nom. Hahn-DiGuiseppe v. New York, 439 U.S. 930).
Concur — Murphy, P.J., Sullivan, Carro, Kupferman and Rubin, JJ.