People v. Nicholson

Appeal by defendant from a judgment of the Supreme Court, Queens County (Lonschein, J.), rendered February 4, 1981, convicting him of criminal sale of a controlled substance in the fifth degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

The People’s evidence at trial indicated that defendant and a friend, Hayward Boyd, were approached in a McDonald’s restaurant by an undercover officer who stated that he wished to purchase methadone. Following brief negotiations regarding the methadone possessed by Boyd, defendant told Boyd to give the officer the bottles and to give him,…