People v. Milan

Judgment, Supreme Court, Bronx County (Dominic Massaro, J.), rendered August 28, 1989, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 8 to 16 years, unanimously modified to reduce the sentence to 5 to 10 years and otherwise affirmed.

*240There was sufficient evidence to enable the hearing court to make an independent determination regarding the existence of probable cause, despite the responding officer’s failure to explicitly describe the kind of clothing worn by defendant at…