People v. Nieves

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Fisher, J.), rendered May 22, 1986, convicting him of criminal sale of a controlled substance in the third degree (three counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s conviction arises from his sales of heroin to an undercover police officer on three separate occasions. On the present appeal, he contends that the prosecution failed to disprove his defense that he merely acted as an agent for the purchaser. The contention is without merit, as the prosecution…