People v. Brown

OPINION OF THE COURT

Lawrence J. Finnegan, Jr., J.

Defendants, Andre Lewis and Dejan Brown, were indicted, *543acting in concert, for criminal sale of a controlled substance in the third degree (one count).

On October 4, 1996, an undercover police officer observed the defendants in an alleged drug transaction with a third individual. Defendant Lewis allegedly took the money from the buyer and then instructed defendant Brown to give the cocaine to the buyer. At the time of arrest no controlled substance was recovered from either defendant. Defendant Lewis did not have any money in his possession,…