Opinion
May 11, 1987
Appeal from the Supreme Court, Queens County (Friedmann, J.).
Ordered that the judgment is affirmed.
The trial court properly concluded that the prosecution disproved the agency defense asserted by the defendant with respect to the charge of criminal sale of a firearm in the second degree beyond a reasonable doubt (see, People v. Sierra, 45 N.Y.2d 56; Penal Law § 25.00). The defendant's participation in the transaction transcended that of a mere extension of the undercover police officer-purchaser, rising to the level of a middleman as exhibited by his salesman-like behavior, his willingness and ability to engage in future transactions, and his having profited from the sale (see, People v. Roche, 45 N.Y.2d 78, cert denied 439 U.S. 958; People v. Gonzales, 66 A.D.2d 828 ). Moreover, the defendant failed to satisfy the burden imposed upon him with respect to his entrapment defense (see, Penal Law § 25.00; § 40.05). Thompson, J.P., Bracken, Rubin and Eiber, JJ., concur.