
    The People of the State of New York, Respondent, v David M. Abraham, Appellant.
   Judgment unanimously affirmed. Memorandum: We reject defendant’s contentions that the prosecution failed to disprove defendant’s agency defense (see, People v Lam Lek Chong, 45 NY2d 64, 74-75, cert denied 439 US 935) and that his concurrent sentences of 4 to 12 years are harsh and excessive. (Appeal from judgment of Oneida County Court, Aison, J.—criminal sale of controlled substance, third degree.) Present—Callahan, J. P., Doerr, Boomer, Green and Balio, JJ.  