People v. O'Connor

Appeal by the defendant from *644a judgment of the Supreme Court, Queens County (Finnegan, J.), rendered January 20, 1989, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant argues that the People failed to disprove beyond a reasonable doubt that he was acting as an agent of an undercover officer. Whether a particular defendant has acted only as an agent for the buyer is primarily a factual question for the jury, which may consider such factors as " 'the nature and extent of…