Opinion
June 20, 2000.
Judgment, Supreme Court, New York County (William Leibovitz, J.), rendered March 25, 1998, 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 4 1/2 to 9 years, unanimously affirmed.
Theresa A. Foudy, for respondent.
Joseph Lavine, for defendant-appellant.
Before: Williams, J.P., Tom, Rubin, Andrias, JJ.
The jury's verdict rejecting defendant's agency defense was not against the weight of the evidence. The evidence clearly established that defendant acted primarily for his own benefit, and the benefit he received cannot be characterized as incidental (see, People v. Herring, 83 N.Y.2d 780, 782-783; People v. Lam Lek Chong, 45 N.Y.2d 64, 75, cert denied 439 U.S. 935).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.