People v. Fowler

Judgment, Supreme Court, New York County (Stephen Crane, J.), rendered July 19, 1990, convicting defendant after a nonjury trial of criminal sale of a controlled substance in the third degree and sentencing him, nunc pro tunc as of April 29, 1989, as a predicate felon, to an indeterminate term of imprisonment of from 9 to 18 years, unanimously affirmed.

Defendant and another individual sold two vials of crack to an undercover police officer on a street corner in lower Manhattan. Counsel presented an agency defense, and after the court found defendant guilty, counsel moved to set aside the…