Opinion
December 8, 1997
Appeal from the Supreme Court, Queens County (Flug, J.).
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620, 621), we find that it was legally sufficient to disprove the defendant's claim that he was acting as an agent of the undercover agent in the narcotics transaction (see, People v. Alvarez, 235 A.D.2d 484; People v. Leybovich, 201 A.D.2d 670; People v. Overton, 168 A.D.2d 575). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).
Altman, J. P., Friedmann, Krausman and McGinity, JJ., concur.