People v. Figueroa

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (J. Leone, J.), rendered October 24, 1996, 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 defendant’s contention that the evidence was legally insufficient to disprove his agency defense is not preserved for appellate review (see, CPL 470.05 [2]; People v Bradley, 199 AD2d 327). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we…