Ordered that the judgment is affirmed.
Contrary to the defendant's contentions, the court did not err by refusing to instruct the jury on the affirmative defense of agency. The evidence adduced at trial established that the defendant, acting on his own, sold approximately one-half gram of cocaine to an undercover officer. Clearly there was no "reasonable view of the evidence that the defendant [had] acted as a mere instrumentality of the buyer" (People v Roche...
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