People v. Moreno

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Rienzi, J.), *807rendered October 22, 1987, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

On January 5, 1987, the defendant and a codefendant were arrested for selling heroin to an undercover officer. The undercover officer testified that he initially made eye contact with the defendant and the codefendant as he approached them. They then simultaneously yelled "Stripes, stripes”. The undercover officer…