People v. Fulton

—Judgment, Supreme Court, New York County (Jerome Marks, J., at Mapp/Wade hearing; Brenda Soloff, J., at plea and sentence), rendered February 15, 1990, convicting defendant of criminal possession of a controlled substance in the fifth degree, and sentencing him to an indeterminate term of imprisonment of 2 to 4 years, unanimously affirmed.

The testimony at the combined Wade/Mapp hearing showed that a New York City police officer, from a rooftop observation post, observed defendant sell what appeared to be vials of crack to an unapprehended individual. This officer immediately radioed a…