People v. Diaz

—Judgment, Supreme Court, New York County (Thomas Galligan, J.), rendered July 18, 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 five to ten years, unanimously affirmed.

At the trial, an undercover officer testified that he purchased two glassine envelopes of heroin from defendant for $20. At the pretrial suppression hearing that immediately preceded the trial, the arresting officer testified that only $10 in prerecorded buy money was recovered from defendant. In his…