People v. Walton

— Levine, J.

Appeal from a judgment of the County Court of Albany County (Clyne, J.), rendered August 11, 1983, upon a verdict convicting defendant of the crime of criminal sale of a controlled substance in the fifth degree.

Defendant was introduced to an undercover police officer through a confidential informant and subsequently sold LSD to the officer on two occasions. Defendant was indicted and charged with two counts of criminal sale of a controlled substance in the fifth degree, a class D felony. After trial by jury, defendant was found guilty of the count charged in the indictment…