People v. Cardwell

Appeal by the defendant from a judgment of the County Court, Westchester County (Nicolai, J.), rendered August 7, 1990, convicting him of criminal sale of a controlled substance in the third degree (two counts) and criminal possession of a controlled substance in the third degree (two counts), after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

We reject the defendant’s contention that the People failed to disprove his agency defense beyond a reasonable doubt. It is well settled that "[wjhether a defendant acted as an agent of the buyer or as a seller in a drug…