
    The People of the State of New York, Respondent, v Jose Rodriguez, Appellant.
    Argued May 5, 1981;
    decided June 4, 1981
    
      APPEARANCES OF COUNSEL
    
      Eve Cary and William E. Hellerstein for appellant.
    
      Eugene Gold, District Attorney (Peter Weinstein of counsel), for respondent.
   OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

On the present record, the issue of whether the defendant acted as the agent of the purchaser was properly submitted to the jury as a question of fact (People v Roche, 45 NY2d 78, cert den 439 US 958; People v Chong, 45 NY2d 65; People v Argibay, 45 NY2d 45).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.  