Opinion
April 8, 1991
Appeal from the Supreme Court, Kings County (Pesce, J.).
Ordered that the amended judgment is affirmed.
The defendant's contention that he was deprived of a fair trial by the trial court's refusal to give an agency charge to the jury is without merit. Viewing the evidence in a light most favorable to the defendant (see, People v. Kirk, 143 A.D.2d 683), we find that no reasonable view thereof would support the inference that the defendant was acting as an agent of the police officer who posed as a buyer in the subject transactions (see, People v. Argibay, 45 N.Y.2d 45, rearg denied 45 N.Y.2d 839, cert denied sub nom. Hahn-DiGuiseppe v. New York, 439 U.S. 930; People v. Carter, 151 A.D.2d 688). Lawrence, J.P., Eiber, Balletta and Ritter, JJ., concur.