People v. Garcia

Murphy, P. J., and Carro, J.,

dissent in a memorandum by Carro, J., as follows: The defendant-appellant Victor Garcia, and his codefendant Carlos Lopez, were charged with having sold two glassine envelopes of heroin, for $20, to an undercover police officer who was part of a "buy and bust” operation at 166th Street and Walton Avenue in the Bronx. According to the People’s witnesses, on August 8, 1990 Detective Michael Perrin observed Lopez calling out "Blue Thunder,” a brand name for heroin. Detective Perrin asked for two, and Lopez told Garcia to get them. Garcia then proceeded to a nearby…