People v. Preston

Judgment, Supreme Court, New York County (Charles Tejada, J.), rendered June 7, 1994, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 4½ to 9 years, unanimously affirmed.

Probable cause existed when the undercover officer transmitted to the backup team that he had made a "positive buy” (People v Jenkins, 226 AD2d 116, lv denied 88 NY2d 937), provided a description of defendant and his three…