People v. Elvy

—Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered August 14, 1998, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4Nz to 9 years, unanimously affirmed.

The jury’s verdict, rejecting defendant’s agency defense, was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the jury’s determinations concerning credibility. The defense of agency is not intended to protect a person who arranges…