People v. Montgomery

Appeal from a judgment of the County Court of Broome County (Mathews, J.), rendered July 19, 1991, upon a verdict convicting defendant of the crimes of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fifth degree.

Based upon the observations of two police officers from the roof of a building in an area of known drug activity in the City of Binghamton, Broome County, defendant was arrested and several vials which he abandoned shortly before the arrest were…