People v. Garthaffner

OPINION OF THE COURT

Judgment of conviction rendered August 4, 1980 is affirmed.

The material facts underlying this criminal proceeding are not in dispute. In the early evening of October 16,1979, defendant Garthaffner, while standing with several other individuals on Sixth Avenue between 13th and 14th Streets, in Manhattan, was approached by undercover *94Police Officer. Ronald Strip. After Officer Strip asked defendant whether he had any “Tuinals” (the vernacular description of a certain controlled substance containing barbiturates), defendant “removed a vial from his pocket and took out two…