Opinion
May 9, 2000.
Judgment, Supreme Court, New York County (Jay Gold, J.), rendered March 4, 1997, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, and sentencing him, as a second felony offender, to concurrent terms of 4½ to 9 years and 1 year, respectively, unanimously affirmed.
Floyd R. Engelhardt, for Respondent.
Amy S. Park, for Defendant-Appellant.
WILLIAMS, J.P., WALLACH, LERNER, ANDRIAS, SAXE, JJ.
Defendant's request for an agency charge was properly denied. There was no reasonable view of the evidence that defendant participated in the drug sale only because he wished to serve as an agent for the undercover buyer, a complete stranger (see, People v. Herring, 83 N.Y.2d 780).
The court's summary denial of defendant's motion to set aside the verdict, made on the ground of newly discovered evidence (CPL 330.30), was proper (see, People v. Taylor, 246 A.D.2d 410, 412, lv denied 91 N.Y.2d 978; People v. Johnson, 208 A.D.2d 562, lv denied 84 N.Y.2d 937).
On the existing record, we find that defendant received meaningful representation (see, People v. Benevento, 91 N.Y.2d 708, 713-714).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.