People v. McMath

Judgment, Supreme Court, New York County (Arlene R. Silverman, J.), rendered April 11, 2006, as amended April 20, 2006, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal sale of marijuana in the fourth degree, and sentencing him, as a second felony drug offender, to an aggregate term of 31/z years, unanimously affirmed.

In the mid-afternoon of June 13, 2005, defendant was selling miniature porcelain trees from a sidewalk stand in the vicinity of 150 Fulton Street in Manhattan. He was approached by two undercover officers, who…