People v. Hartley

Appeal by the defendant from a judgment of the Supreme Court, Queens County (O’Dwyer, J.), rendered August 23, 1989, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant was convicted of criminal sale of a controlled substance in the third degree as an accomplice. The conviction was based on the testimony of an undercover police officer who, immediately prior to a sale consummated between the seller and the undercover officer, observed the defendant procure a bag containing…