People v. Garcia

Judgment, Supreme Court, New York County (Mary McGowan Davis, J.), rendered November 30, 1992, convicting defendant, after 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 concurrent terms of 4 Vz to 9 years, unanimously affirmed.

Defendant’s claim that the court erred in failing to charge the jury on the defense of agency is not preserved for appellate review as a matter of law, defendant having failed to object to the jury charge, or to request…