Ordered that the judgments are affirmed.
The defendant's convictions for criminal sale of a controlled substance in the second and third degrees arose from two completed cocaine sales and one attempt to sell cocaine to an undercover police officer. The evidence adduced at trial established that the defendant's conduct evinced sufficient indicia of "[s]alesman-like behavior" (People v Roche, 45 N.Y.2d 78, 85, cert denied 439 U.S. 958) to establish that he was not acting solely on behalf of the undercover officer, but that he had a personal interest in promoting the transaction (see, People v Argibay, 45 N.Y.2d 45, 53-54, cert denied sub nom. Hahn-DiGuiseppe v New York, 439 U.S. 930; People v Lam Lek Chong, 45 N.Y.2d 64, 74-75, cert denied 439 U.S. 935). Therefore, the jury properly found that the People disproved the defendant's agency defense beyond a reasonable doubt.
In addition, viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt of criminal possession of a controlled substance in the third and fourth degrees. Contrary to the defendant's contention, the evidence established that he constructively possessed the cocaine found in the apartment where he was arrested (see, People v Tejeda, 73 N.Y.2d 958; People v Gina, 137 A.D.2d 555; cf., People v Pearson, 75 N.Y.2d 1001). Upon the exercise of our factual review power, we are satisfied that the verdict of guilt on these counts is not against the weight of the evidence (CPL 470.15).
We further find that the trial court did not act improperly by warning the defendant's witness that he was subjecting himself to a possible prosecution for perjury if his testimony at trial differed from previous statements made by him when he entered a plea of guilty (see, People v Lee, 58 N.Y.2d 773; cf., Webb v Texas, 409 U.S. 95; People v Ramos, 63 A.D.2d 1009).
The defendant's remaining contentions are without merit. Bracken, J.P., Lawrence, Rosenblatt and Ritter, JJ., concur.