Defendant's defense of agency was disproved beyond a reasonable doubt (People v Seay, 176 A.D.2d 192, lv denied 79 N.Y.2d 864), and even if the prosecutor slightly misstated the law in his summation, any possible confusion was obviated by the trial court's correct instructions to the jury concerning the agency defense.
Concur — Sullivan, J.P., Wallach, Asch and Nardelli, JJ.