People v. Rodriguez

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Flaherty, J.), rendered November 18, 1991, convicting *634him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentencing.

Ordered that the judgment is affirmed.

The defendant was arrested and charged as a result of a so-called "buy and bust” operation involving the sale of cocaine. The evidence reveals that during the undercover officer’s driveby showup identification, he positively identified the defendant, but was unable to identify another, who fit the description of the…