People v. Fowler

— Order of the Supreme Court, New York County (Stephen Crane, J.), dated August 25, 1987, which set aside the court’s own verdict finding defendant guilty of criminal sale of a controlled substance in the third degree, is unanimously reversed, on the law, the verdict reinstated and the matter remanded for sentencing.

Undercover Police Officer Nelson Vargas testified that as he approached the defendant on the lower east side, defendant asked him "what do you need?” When the officer responded "who’s got the crack?”, the defendant answered "right this way, my man”.

The officer and the defendant…