Opinion
April 1, 1993
Appeal from the Supreme Court, New York County (Charles Tejada, J.).
Viewing the evidence in the light most favorable to the People (People v Malizia, 62 N.Y.2d 755, 757, cert denied 469 U.S. 932), there was sufficient evidence to negate the defense that defendant was merely an agent of the undercover police officer (see, People v Argibay, 45 N.Y.2d 45, cert denied sub nom. Hahn-DiGuiseppe v New York, 439 U.S. 930).
The evidence established beyond a reasonable doubt that defendant's role here was part of a "typical scenario of a street sale of drugs, where one person deals directly with the buyer and the other holds the drug supply." (People v Lucas, 162 A.D.2d 273, 273-274, lv denied 76 N.Y.2d 860.)
Concur — Murphy, P.J., Carro, Ellerin, Kupferman and Asch, JJ.