People v. Smith

Appeal from a judgment of the County Court of Albany County (Turner, Jr., J.), rendered November 16, 1990, upon a verdict convicting defendant of the crime of criminal sale of a controlled substance in the third degree.

At trial on defendant’s indictment for criminal sale of a controlled substance in the third degree, a police informant testified that she made two drug purchases on the evening of September 1, 1989, the first from an individual named Timmy Tolbert followed by the second from defendant. Tape recordings of the two transactions, obtained through the concealed "wire” worn by the…