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THE PEOPLE, etc., respondent, v. DERRICK SHANDS, appellant. (Ind. No. 11082/97)

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the People failed to disprove the agency defense beyond a reasonable doubt is not preserved for appellate review (see, People v. Gray, 86 N.Y.2d 10 ; People v. Udzinski, 146 A.D.2d 245 ). In any event, viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620, 621 ), we find that it was legally sufficient to disprove the defendant's claim that he was acting as an agent of the undercover officer in the narcotics transaction (see, People v. Herring, 83 N.Y.2d 780 ; People v. Lam Lek Chong, 45 N.Y.2d 64 ; People v. Leybovich, 201 A.D.2d 670 ). Furthermore, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15[5]).

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PEOPLE v. SHANDS
(Mar 2, 2000)