Judgment, Supreme Court, New York County (Rosalyn Richter, J.), rendered November 18, 2002, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4x/2 to 9 years, unanimously affirmed.
The jury’s verdict rejecting defendant’s agency defense was based on legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490
The trial court’s supplemental jury instructions regarding defendant’s agency defense were proper in all respects, and accurately conveyed the law that the presence or absence of a prior agreement to share drugs was only one factor to be considered in evaluating an agency defense (see People v Job, 87 NY2d 956 [1996]). The court properly determined that the jury’s question was not amenable to a yes-or-no answer (see People v Steinberg, 79 NY2d 673, 684-685 [1992]), and it is irrelevant that the court also determined that it could give such an answer to the jury’s question on a different subject. In any event, were we to find any error in the supplemental instruction, we would find it to be harmless in view of the overwhelming evidence of defendant’s guilt (see People v Urena, 306 AD2d 137, 138 [2003]), lv denied 100 NY2d 625 [2003]). Concur—Andrias, J.P., Nardelli, Williams, Sweeny and McGuire, JJ.
