People v. Evertsz

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kramer, J.), rendered March 31, 1986, convicting him of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the seventh degree, and criminal possession of a hypodermic instrument, after a nonjury trial, and imposing sentence.

Ordered, that the judgment is affirmed.

The prosecution disproved the defendant’s agency defense beyond a reasonable doubt (see, Penal Law § 25.00 [1]; People v Roche, 45 NY2d 78, 86, cert denied 439 US 958; People v *504Matos, 123 AD2d 330,…