People v. Shands

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lewis, J.), rendered September 17, 1998, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

*614The defendant’s contention that the People failed to disprove the agency defense beyond a reasonable doubt is not preserved for appellate review (see, People v Gray, 86 NY2d 10; People v Udzinski, 146 AD2d 245). In any event, viewing the evidence…