People v. Morello

Judgment, Supreme Court, Bronx County (Steven L. Barrett, J.), rendered April 7, 1989, convicting defendant, after a jury trial, of criminal sale of controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him to two concurrent terms of imprisonment of from 2-Vi to 7 years, unanimously affirmed.

An undercover officer, who had obtained a search warrant for premises where he had twice before purchased cocaine, *589returned to the apartment a final time before executing the warrant to make a "confirmatory” purchase of narcotics.…