People v. Smallwood

— Judgment, Supreme Court, New York County (Herbert Altman, J. at trial and sentence), rendered January 27, 1989, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him to an indeterminate term of imprisonment of from 4 Vi to 9 years, to run concurrently with defendant’s conviction under Ind. No. 2741/88, unanimously affirmed.

A police officer, stationed in an observation post, equipped with binoculars, observed defendant sell a tinfoil of cocaine to one Jose Padilla near the intersection of Avenue C and East 6th Street.…