Opinion
September 29, 1998
Appeal from the Supreme Court, New York County (Jay Gold, J.).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There was ample evidence that defendant acted as a steerer and not solely as an extension of the buyer ( see, People v. Herring, 83 N.Y.2d 780). Defendant's request for an agency charge was properly denied. Contrary to defendant's contention, there was no reasonable view of the evidence to support the theory that he participated in the drug sale only because he wished to serve as an agent for the undercover buyer, a complete stranger ( supra).
Concur — Sullivan, J. P., Nardelli, Rubin, Tom and Mazzarelli, JJ.