People v. Almodovar

Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered March 24, 1989, convicting defendant, after trial by jury, of criminal sale of a controlled substance in the third degree and sentencing him to an indeterminate term of imprisonment of 4 Vi to 9 years, and an order of the same court, entered November 5, 1990, denying defendant’s motion to vacate the judgment, unanimously affirmed.

The evidence at trial showed that, at 1:30 p.m. on June 13, 1988, an undercover police officer bought a $10 glassine envelope of heroin from defendant on East 5th Street in Manhattan. Defendant was…