People v. Lopez

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Plug, J.), rendered January 25, 1991, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

In this case, which arises out of a so-called "buy and bust” operation, the defendant moved, prior to sentencing, pursuant to CPL 330.30, to set aside the verdict on the ground that a "Queens TNT Buy and Bust Tac Plan” was Rosario material (see, People v Rosario, 9 NY2d 286), and the People’s failure to disclose it…