Defendant was convicted of the sale of Valium to an undercover police officer in a buy-and-bust operation on the Lower East Side of Manhattan in the afternoon of October 7, 1985. Defendant claimed that he was not a seller but merely the agent of the buyer and had merely aided the undercover officer, who appeared disheveled and on the verge of a seizure, to purchase the Valium. (See, cases involving an agency defense: People v Argibay,
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