People v. Ortiz

Judgment, Supreme Court, New York County (Richard Failla, J.), rendered May 31, 1988, convicting defendant, after jury trial, of criminal possession of a controlled substance in the third degree, and sentencing him to an indeterminate term of imprisonment as a predicate felon of to 9 years, unanimously affirmed.

On June 10, 1987, immediately after undercover police officer Burnham had purchased narcotics from a seller unrelated to defendant, the defendant approached the officer and offered to sell him heroin. Defendant was then arrested, and found in possession of $88 in cash and eight…