People v. Reyes

Judgment, Supreme Court, New York County (John Cataldo, J.), rendered May 28, 2004, 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 5 to 10 years, unanimously affirmed.

The court properly denied defendant’s motion to dismiss the indictment. During the grand jury presentation of this observation sale case, the prosecutor properly introduced evidence of an uncharged exchange between defendant and an unapprehended buyer which occurred several minutes before and at the same…