People v. Greene

concurs in part and dissents in part and votes to *641affirm the judgments of conviction under both Indictment Number 8450/87 and Indictment Number 3072/88, with the following memorandum, in which Eiber, J., concurs. I respectfully disagree with my colleagues in the majority and vote to affirm the defendant’s conviction of criminal sale of a controlled substance in the third degree.

The essential facts are as set forth in the majority’s decision; however, there are several other relevant details. After Mr. Blackenship had told the defendant to take the undercover officer to the "spot”, the…