People v. Davis

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Clabby, J.), rendered March 26, 1991, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The trial court properly refused to charge the jury on the defense of agency. In the absence of a reasonable view of the evidence indicating that the defendant acted merely as the agent of the buyer, the agency defense should not be submitted to the jury (see, People v Ortiz, 76 NY2d 446, 448, amended on other grounds 77…