People v. Gray

—Judgment, Supreme Court, New York County (Paul Bookson, J.), rendered May 31, 1994, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 6 to 12 years, unanimously affirmed.

Any error in not charging the agency defense with respect to 8 to 10 crack vials that defendant testified he had purchased on behalf of two friends was harmless in view of the overwhelming evidence that defendant possessed a total of 98 crack vials *180with intent to sell them. First, the jury could have…