
    The People of the State of New York, Respondent, v Eddie Baptiste, Appellant.
    [680 NYS2d 163]
   —Appeal by the defendant from a judgment of the Supreme Court, Queens County (Katz, J.), rendered December 16, 1997, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the People failed to disprove the agency defense beyond a reasonable doubt is unpreserved for appellate review (see, People v Santos, 86 NY2d 869; People v Alvarez, 235 AD2d 484). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620, 621), we find that it was legally sufficient to disprove the defendant’s claim that he was acting as an agent of the undercover officer in the narcotics transaction (see, People v Herring, 83 NY2d 780; People v Alvarez, supra; People v Leybovich, 201 AD2d 670; People v Overton, 168 AD2d 575). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]). Copertino, J. P., Sullivan, Pizzuto and Goldstein, JJ., concur.  