People v. Barnes

Memorandum.

Judgment, Supreme Court, New York County (Harold J. Rothwax, J.), rendered May 27, 1992, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the fifth degree, for which he was sentenced, as a second felony offender, to a term of 3 Vi to 7 years, affirmed. Sua sponte, leave to appeal to the Court of Appeals is hereby granted by Justice Rosenberger.

Acting upon a tip from a passerby who motioned in defendant’s direction and told them that "a young black kid” was across the street selling drugs, two uniformed police officers who were on foot…