People v. Lam Lek Chong

Jasen and Gabrielli, JJ.

(concurring). We concur in result only because we reject the agency defense, as is articulated and explained in the dissenting opinion by Judge Gabrielli in People v Roche (45 NY2d 78, decided herewith).

Chief Judge Breitel and Judges Jones, Fuchsberg and Cooke concur with Judge Wachtler; Judges Jasen and Gabrielli concur in result only in a concurring memorandum.

Order affirmed.