Does defendant register a protest to the omission to charge with respect to the agency defense?

Our examination of the record discloses that defendant did not register a protest to the omission to charge with respect to the agency defense and therefore failed to preserve the error, if any, for appellate review. It is true that in argument at the close of the prosecution's case with respect to limitations on cross-examination of defendant should he take the witness stand (see People v. Sandoval, 34 N.Y.2d 371, 357 N.Y.S.2d 849, 314 N.E.2d 413), reference was made to attempts that might be made through defendant's testimony to establish an agency defense. At the close of all the evidence, however, defense counsel made no request for such an instruction, made no mention of it in his summation, and took no exception at the conclusion of the court's charge which made no reference to the subject.

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