People v. Fagairo

Judgment, Supreme Court, New York County (Bernard Fried, J.), rendered April 18, 1990, convicting defendant, after jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him to an indeterminate term of &V2 to 9 years imprisonment, unanimously affirmed.

The undercover officer testified that she had been assigned to purchase drugs in Hell’s Kitchen Park on Tenth Avenue in the afternoon of July 31, 1989. When she approached one Staley, and asked him if he had any nickels of crack to sell, Staley motioned for her to sit on a bench next to three men, one of whom…