People v. Starling

OPINION OF THE COURT

Titone, J.

This appeal presents the question whether, without evidence of an accompanying transfer of money or other consideration, a "handoff’ of narcotics between two individuals to avoid police detection constitutes a "sale” within the meaning of Penal Law § 220.00 (1). Relying on the broad language of the definition of "sell” contained in Penal Law § 220.00 (1), we hold that it does, and affirm defendant’s conviction.

Shortly after midnight on June 15, 1990, police officers observed defendant standing on a Nassau County street corner holding a small paper bag. The police…