People v. Fagan

Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered March 18, 2013, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fourth degree.

In May 2012, a police investigator executing an eavesdropping warrant intercepted a phone call placed by defendant to a narcotics trafficking suspect. Defendant and the trafficking suspect engaged in what the investigator understood to be a coded conversation in which the two agreed to meet at a barbershop in the City of Elmira, Chemung County so that defendant could…