People v. Cotto

Judgment, Supreme Court, New York County (Stanley Sklar, J.), rendered September 12, 1989, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the fourth degree and sentencing him, as a predicate felon, to an indeterminate prison term of from 3 Vi to 7 years, unanimously affirmed.

At approximately 2:00 a.m. on January 18, 1989, Police Officers Dwyer and Sommer responded to 60 East 104th Street as a result of a 911 radio call. Upon their approach, the officers observed defendant turn around and throw a pouch to the ground. The pouch contained $60 and 23…