People v. Cummings

Judgment of the Supreme Court, New York County (Edward McLaughlin, J.), rendered on November 25, 1987, convicting defendant, after a nonjury trial, of fifth degree criminal sale of a controlled substance and sentencing him to a prison term of 2 to 4 years, is unanimously affirmed.

Defendant was charged with one count of third degree criminal sale of a controlled substance arising out of a 1986 "buy-and-bust” operation on the Lower East Side. The case proceeded to a bench trial resulting in a guilty verdict of fifth degree criminal sale of a controlled substance, a lesser included offense.

Defend…