Opinion
April 2, 1991
Appeal from the Supreme Court, New York County (Paul Bookson, J.).
Defendant's arrest arose out of a "buy and bust" operation. We find defendant's contention that he was an agent of the undercover officer and therefore not culpable to be without merit. The issue of agency is for the jury to decide. (People v Lam Lek Chong, 45 N.Y.2d 64, 74, cert denied 439 U.S. 935.) Defendant personally took the undercover officer to co-defendant Vasquez and told Vasquez that the undercover officer "wants two." Defendant acted as the conduit for the money and the drugs. As in People v. Windley ( 78 A.D.2d 55, 58), "defendant's over-all manner and actions substantiate that this was a well-choreographed, two-person drug operation, conducted by two street-wise entrepreneurs."
Concur — Milonas, J.P., Ross, Kassal, Smith and Rubin, JJ.