People v. Washington

Judgment, Supreme Court, New York County (Richard Carruthers, J.), *422rendered February 9, 1994, 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 prison terms of 5 to 10 years and 30 days, respectively, unanimously affirmed.

Defendant’s claim that the evidence showed that he was an agent of the undercover buyer of the drugs rather than the seller is unpreserved as a matter of law, since his motion for a…