People v. Magett

OPINION OF THE COURT

Kupferman, J.

At approximately 4:00 p.m. on June 6, 1990, defendant and two women, later identified as Wanda Gillian and Adrian Bullock sold an undercover officer two vials of crack during a “buy and bust” operation. The women were arrested at the scene and defendant was arrested two hours later in front of the same building by a member of the backup team.

At his nonjury trial, defendant presented an alibi defense through his stepmother who testified that she observed the arrest of the two women, one of whom, Ms. Bullock, was her daughter, and that, at the time, defendant…