People v. Barry

Order, Supreme Court, Bronx County (Nicholas J. Iacovetta, J.), entered March 4, 1994, which granted defendant’s motion to reduce the single count of the indictment from criminal possession of a controlled substance in the fourth degree to criminal possession in the seventh degree, unanimously reversed, on the law, the original indictment reinstated, and the matter remanded for further proceedings.

At 7 o’clock on a Saturday morning in February 1991, a narcotics undercover police officer approached defendant on a street in the Mott Haven section of the Bronx, attracted by the orange-capped…