People v. Kemp

Judgment, Supreme Court, New York County (Marcy L. Kahn, J), rendered March 14, 2003, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, and sentencing him, as a second felony offender, to concurrent terms of 5 to 10 years and 1 year, respectively, unanimously affirmed.

Defendant failed to preserve his claim that the evidence was insufficient to disprove his agency defense and we decline to review it in the interest of justice. Were we to review this claim, we would…