People v. Encarnacion

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Douglass, J.), rendered October 23, 1989, convicting him of criminal sale of a controlled substance in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

On October 10, 1988, at approximately 7:30 p.m., the defendant was arrested after he had been observed throwing a black vinyl bag to the ground. The defendant had thrown the bag to the ground as he was walking along the street in one direction toward a waiting police officer, and as he was looking over his shoulder…