People v. Howard

Appeal by the defendant from a judgment of the Supreme Court, Kings County (DiMango, J.), rendered April 16, 2001, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of marijuana in the fifth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant was arrested pursuant to a “buy and bust” narcotics operation, wherein he sold narcotics to an undercover officer. At the time of his arrest, the defendant was in possession of a cigar that tested positive for marijuana. He was convicted of criminal…