People v. Phillips

—White, J.

Appeal from a judgment of the County Court of Albany County (Keegan, J.), rendered September 12, 1991, upon a verdict convicting defendant of the crimes of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree.

It is evident that, in his cross-examination of the People’s witnesses, defendant was attempting to establish an agency defense by portraying himself merely as a conduit for the passage of cocaine from the seller to the buyer (see, People v Lam Lek Chong, 45 NY2d 64, 74-75, cert denied 439 US 935).…