People v. Ortiz

—Judgment of the Supreme Court, Bronx County (Arlene R. Silverman, J., at Mapp hearing, jury trial and sentence), rendered April 17, 1990, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him to an indeterminate term of imprisonment of from 5 to 10 years, unanimously affirmed.

Appellant and co-defendant Raul Ramos were indicted for *450the sale and possession, with intent to sell, of a controlled substance. The People alleged that Ramos made a drug sale to an undercover officer and that appellant acted in concert with him.

At trial, the purchasing…