White, J.
It is evident that, in his cross-examination of the People's witnesses, defendant was attempting to establish an agency defense by portraying himself merely as a conduit for the passage of cocaine from the seller to the buyer (see, People v. Lam Lek Chong, 45 N.Y.2d 64, 74-75, cert denied 439 U.S. 935). Accordingly, we find that County Court did not err in permitting the People to introduce into evidence a taped conversation between defendant and the confidential police informant relating to a future illegal sale of cocaine for the purpose of rebutting the agency defense (see, People v. Mann, 31 N.Y.2d 253; People v Calvano, 30 N.Y.2d 199; People v. Chaires, 171 A.D.2d 955, lv denied 78 N.Y.2d 963).
In light of the fact that defendant is a second felony offender who had 19 criminal convictions over a span of 19 years, we find that the 12 1/2 to 25-year prison sentence imposed upon his conviction of the crime of criminal sale of a controlled substance in the third degree is not excessive (see, People v. Price, 188 A.D.2d 681, lv denied 81 N.Y.2d 891).
Weiss, P.J., Mikoll, Yesawich Jr. and Crew III, JJ., concur. Ordered that the judgment is affirmed, and matter remitted to the County Court of Albany County for further proceedings pursuant to CPL 460.50 (5).