People v. Hicks

Judgment, Supreme Court, New York County (Jerome Hornblass, J.), rendered September 4, 1991, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to two concurrent terms of &V2 to 9 years, unanimously affirmed.

We find that the People disproved defendant’s agency defense beyond a reasonable doubt, and by overwhelming evidence (see, People v Herring, 83 NY2d 780).

When defendant, who had been represented by counsel through…