Opinion
4894
December 14, 2004.
Judgment, Supreme Court, New York County (John A.K. Bradley, J.), rendered July 9, 2001, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third, fifth and seventh degrees, and sentencing him, as a second felony offender, to an aggregate term of 4½ to 9 years, unanimously affirmed.
Before: Nardelli, J.P., Tom, Saxe, Friedman and Sweeny, JJ.
The jury's verdict rejecting defendant's agency defense was based on legally sufficient evidence and was not against the weight of the evidence ( see People v. Bleakley, 69 NY2d 490, 495). The evidence warranted the conclusion that defendant did not act solely to accommodate, or do a favor for, the buyer ( see People v. Roche, 45 NY2d 78, 85, cert denied 439 US 958; People v. Lam Lek Chong, 45 NY2d 64, 74-75, cert denied 439 US 935; People v. Elvy, 277 AD2d 80, lv denied 96 NY2d 783).