Opinion
June 30, 1980
Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered September 30, 1976, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence. Judgment affirmed. Defendant, in raising the defense of agency for the first time on appeal, has waived appellate review of this issue as a matter of law (see CPL 470.05, subd 2; People v. Darrisaw, 49 N.Y.2d 786). We find nothing in the record before us warranting our review as a matter of discretion in the interest of justice (see CPL 470.15, subd 5; People v. Sims, 45 A.D.2d 747, affd 37 N.Y.2d 906). We have examined defendant's other contention and find it to be without merit. Rabin, J.P., Gulotta, O'Connor and Weinstein, JJ., concur.