People v. Diaz

Judgment of the Supreme Court, New York County (John A.K. Bradley, J.), rendered on April 4, 1990, convicting defendant, following a jury trial, of criminal sale of a controlled substance in the third degree and sentencing him, as a predicate felon, to an indeterminate term of imprisonment of from 8 to 16 years, is affirmed.

Defendant was convicted of the sale of two vials of crack cocaine to an undercover police officer for $10 in prerecorded "buy” money. The officer testified at trial that the co-defendant gestured to defendant, who approached, negotiated the sale and directed the officer to…