In the face of overwhelming evidence of defendant's guilt in connection with the sale of drugs to an undercover narcotics officer, defendant's trial counsel offered effective assistance by making appropriate pretrial and trial motions and applications, vigorously cross-examining the People's witnesses in furtherance of a misidentification defense that included innocent presence at the scene, and reasonably declining an enhanced identification charge which certainly would have served only to highlight the strength of the undercover officer's identification testimony (see, People v. Baldi, 54 N.Y.2d 137). Additionally, defense counsel reasonably did not request an agency charge as the evidence herein precluded a rational finding that defendant acted merely as an agent of the buyer (see, People v. Argibay, 45 N.Y.2d 45, cert denied sub nom. Hahn-DiGuiseppe v. New York, 439 U.S. 930).
We have considered defendant's additional claims and find them to be both unpreserved and without merit.
Concur — Carro, J.P., Ellerin, Kupferman and Asch, JJ.