People v. Mitchem

Judgment unanimously affirmed. Memorandum: Defendant appeals from a *1039judgment convicting him of criminal sale of a controlled substance in the second degree and two counts of criminal possession of a controlled substance in the third degree. The charges arose on August 30, 1990, out of the sale of cocaine to an undercover officer by Alphonse Napoli at 255 Furlong Street in Rochester. On that occasion, according to the officer’s testimony, while the officer waited in the living room, defendant arrived in a gray Chevrolet driven by codefendant Lori Flemming. The officer observed defendant walk…