Ordered that the judgment is affirmed.
Upon the exercise of our factual review power, we are satisfied that the evidence disproved the agency defense beyond a reasonable doubt and that the verdict was not against the weight of the evidence (CPL 470.15 [5]). The testimony of the undercover officer established that there was no relationship between him and the defendant. The jury could reasonably conclude that the defendant was either the seller or the agent thereof...
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