People v. Jones

Judgment, Supreme Court, New York County (Budd G. Good*204man, J.), rendered August 18, 1988, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and sentencing him, as a predicate felon, to an indeterminate term of imprisonment of from AVi to 9 years, unanimously affirmed.

Defendant and his codefendant were arrested on October 7, 1987, pursuant to a buy-and-bust operation. Defendant’s defense was that a sale never took place. His first trial ended in a mistrial after the jury was unable to reach a verdict.

Although defendant was present for jury…