Opinion
June 25, 1992
Appeal from the Supreme Court, Bronx County (Joseph A. Mazur, J.).
The undercover officer approached defendant and requested three "trays". Defendant led the officer across the street to codefendant, and directed codefendant to hand over "three". Codefendant handed three vials of crack to defendant, who handed them to the officer, who handed the buy money to defendant, who handed it over to codefendant. One dollar in change was handed back, again, from codefendant to defendant, to the officer. Viewing the evidence in a light most favorable to the People (People v. Contes, 60 N.Y.2d 620), we find that the evidence was sufficient as a matter of law to disprove defendant's defense of agency beyond a reasonable doubt (see, People v. McAllister, 172 A.D.2d 154, lv denied 77 N.Y.2d 997; People v. Tention, 162 A.D.2d 355, lv denied 76 N.Y.2d 991).
Concur — Carro, J.P., Ellerin, Kupferman and Asch, JJ.