People v. O'Berg

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Miller, J.), rendered August 1, 1990, convicting her of criminal sale of a controlled substance in the first degree (two counts) and criminal sale of a controlled substance in the third degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

We find that it was not error for the trial court to refuse to charge the jury on the defense of agency. In the absence of a *765reasonable view of the evidence indicating that the defendant acted merely as the agent of the buyer, the…