Opinion
June 20, 1995
Appeal from the Supreme Court, New York County (Rena Uviller, J.).
Defendant's request to charge the defense of agency was properly denied. Where the undercover officer, a complete stranger, asked defendant if he was "open", and, upon defendant's reply, "Yes * * * how many [do] you want?", placed an order with defendant for "Two", and defendant immediately relayed the undercover's order to the codefendant, who completed the sale, there was no evidence whatsoever "indicative of a relationship with the buyer" ( People v Herring, 83 N.Y.2d 780, 783) warranting an agency charge.
Concur — Kupferman, J.P., Ross, Asch, Nardelli and Tom, JJ.