Opinion
April 29, 1996
Appeal from the County Court, Orange County (Byrne, 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), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. 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).
The court properly found that there was no merit to the defendant's proffered defenses of agency ( see, People v Herring, 83 N.Y.2d 780; People v. Leybovich, 201 A.D.2d 670; People v. Davis, 149 A.D.2d 609; People v. Scott, 134 A.D.2d 379) and entrapment ( see, Penal Law § 40.05; People v. Butts, 72 N.Y.2d 746, 750; People v. Torres, 185 A.D.2d 257). In addition, the court did not err in denying the defendant's motion for a missing witness charge ( see, People v. Gonzalez, 68 N.Y.2d 424). The People adequately demonstrated that the witness in question was unavailable ( see, People v. Gonzalez, supra; People v. Foust, 192 A.D.2d 718; People v. Goddard, 150 A.D.2d 794).
The defendant's remaining contentions are without merit. Mangano, P.J., Ritter, Hart and McGinity, JJ., concur.