| People v Lewis |
| 2008 NY Slip Op 04274 [51 AD3d 475] |
| May 8, 2008 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Anthony Lewis, Appellant. |
—[*1] Robert T. Johnson, District Attorney, Bronx (Robert R. Sandusky, III of counsel), forrespondent.
Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered February 28,2006, convicting defendant, after a jury trial, of criminal sale of a controlled substance in or nearschool grounds, and sentencing him, as a second felony offender, to a term of 4½ to 9years, unanimously affirmed.
The court properly denied defendant's request for an agency charge since there was noreasonable view of the evidence, viewed most favorably to defendant, to support such aninstruction. Nothing in the police testimony supported an agency defense (see People vHerring, 83 NY2d 780 [1994]), and, according to defendant's testimony, he did nothing at allto participate in the drug transaction or act as anyone's "agent." Defendant's testimony, ifcredited, would support a conclusion that his only involvement was to "identify a local purveyorof narcotics" (People v Rosario, 193 AD2d 445, 446 [1993], lv denied 82 NY2d708 [1993]), which would not constitute participation in the crime in any capacity, including thatof a purchaser's "agent." Concur—Lippman, P.J., Mazzarelli, Sweeny and Moskowitz, JJ.