People v. Custalow

—Judgment, Supreme Court, New York County (Marcy Kahn, J.), rendered May 22, 1997, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing her, as a second felony offender, to a term of 4V2 to 9 years, unanimously affirmed.

Defendant’s claim that the court’s agency charge was deficient in that it did not discuss the theory that defendant may have acted as the agent of the other person with whom she was arrested is unpreserved (see, People v Tarangelo, 269 AD2d 163, lv denied 94 NY2d 953), and we decline to review it in the…