People v. Bazilo

Judgment, Supreme *724Court, New York County (Richard Failla, J.), rendered April 15, 1991, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years incarceration, unanimously affirmed.

The People’s witness, an undercover police detective, was assigned as a backup to another drug operation and was awaiting a transmission on that assignment when he observed defendant. In the circumstances the officer could not be expected to be able to specifically describe the 10…