People v. Witko

Appeal from a judgment of the County Court of Rensselaer County (Ceresia, Jr., J.), rendered July 26, 1991, upon a verdict convicting defendant of the crime of criminal sale of a controlled substance in the third degree.

Defendant was charged in a two-count indictment with the crimes of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree. Upon defendant’s demand, the People served a bill of particulars which alleged that the sale and possession crimes both occurred at one specific address in the City of Rensselaer,…