People v. Footman

Judgment, Supreme Court, New York County (Rosalyn Richter, J.), rendered November 18, 2002, 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 4x/2 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 (see People v Bleakley, 69 NY2d 490 *291[1987]). To the contrary, defendant and the undercover officer were strangers, defendant asked the officer what he wanted…