Opinion
2936.
Decided February 24, 2004.
Judgment, Supreme Court, New York County (Rosalyn Richter, J.), rendered December 18, 2002, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.
Douglas J. Brooks, for Respondent.
Robert S. Dean, for Defendant-Appellant.
Before: Buckley, P.J., Nardelli, Sullivan and Lerner, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Defendant's course of conduct warranted the conclusion that he participated in the drug transaction as a steerer and screener of potential customers ( see People v. Bello, 92 N.Y.2d 523).
The court properly declined to give an agency charge. There was no reasonable view of the evidence, viewed most favorably to defendant, that he was acting on behalf of the buyer ( see People v. Herring, 83 N.Y.2d 780; People v. Vaughan, 300 A.D.2d 104, lv denied 99 N.Y.2d 633).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.