People v. Viera

Appeal by defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered September 12, 1983, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

The People met their burden of proving defendant’s guilt beyond a reasonable doubt including disproving defendant’s "agency” defense. Generally, an agency defense raises an issue of fact for the jury to determine whether defendant acted solely on behalf of the buyer without any personal motive in promoting the sale (see, e.g., People v Lam…