People v. McKinney

Appeal by defendant from a judgment of the County Court, Dutchess County (Rosenblatt, J.), rendered August 21,1979, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third and seventh degrees, upon a jury verdict, and imposing sentence. Judgment affirmed. The defendant failed to preserve for review the error claimed in the jury charge with respect to agency. We therefore find the alleged error to have been waived (see People v Darrisaw, 49 NY2d 786; People v Benoit, 72 AD2d 648). We see no reason to consider…