People v. Hinton

Judgment, Supreme Court, New York County (Frederic Berman, J.), rendered January 3, 1990, which convicted defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of marijuana in the fourth degree and sentenced him to concurrent terms of imprisonment of from 4 Vi to 9 years and 6 months, respectively, unanimously affirmed.

An undercover police officer approached defendant, who was positioned outside of a building from which narcotics were known to be sold. The defendant nodded when the officer *280asked if "they were working” and…