People v. Fax

Appeal from a judgment of the County Court of Greene County (Lalor, J.), rendered July 28, 1994, upon a verdict convicting defendant of the crimes of criminal sale of a controlled substance in the third degree (two counts) and criminal possession of a controlled substance in the third degree (two counts).

On July 9, 1993, State Police Investigator Theresa Temple, working undercover and accompanied by an informant, visited Smalley’s Tavern in the Village of Catskill, Greene County. After approaching defendant and asking, in slang, whether he had crack cocaine, defendant consummated a sale.…