People v. Dery

— Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting defendant of criminal possession and sale of cocaine, defendant’s primary claims are that the trial court erred in not charging an agency defense, that the verdict is not supported by the evidence and that the People failed to establish that the controlled substance was cocaine. There is no merit to any of these claims. Defendant was not entitled to an agency defense charge because the evidence established that defendant was not acting as an agent of the buyers but as a primary participant in the sale of…