People v. Vestal

—Judgment, Supreme Court, New York County (Ira Beal, J.), rendered December 18, 1998, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4V2 to 9 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. Although the undercover officer initially transmitted only a description of defendant, without using the expression “positive buy” or any other indication of drug activity (see, People v Maldonado, 86 NY2d 631, 636), the backup officers could reasonably…