People v. Diaz

—Judgment, Supreme Court, Bronx County (Peggy Bernheim, J.), rendered on September 18, 1987, which convicted defendant, after a jury trial, of criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]) and criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]), and sentenced defendant as a predicate felony offender to two concurrent terms of 8 to 16 years of imprisonment, unanimously affirmed.

The evidence in this case established that appellant engaged in an exchange of a vial of crack for $10 in. prerecorded buy money. The…