People v. Rodriguez

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

On the present record, the issue of whether the defendant acted as the agent of the purchaser was properly submitted to the jury as a question of fact (People v Roche, 45 NY2d 78, cert den 439 US 958; People v Chong, 45 NY2d 65; People v Argibay, 45 NY2d 45).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.