People v. Henry

—Judgment, Supreme Court, Bronx County (Nicholas Iacovetta, J.), rendered March 25, 1997, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.

The court properly declined to instruct the jury on the agency defense since there was no reasonable view of the evidence that he acted as a mere extension of the undercover buyer (see, People v Herring, 83 NY2d 780). Even if defendant’s implausible *180testimony were to be fully credited, it would fail to…