People v. Tavares

—Judgment, Supreme Court, New York County (Richard Andrias, J.), rendered June 6, 1990, which convicted defendant, after a jury trial, of criminal possession of a controlled substance in the fifth degree and sentenced him, as a predicate felon, to an indeterminate prison term of from 2-Vi to 5 years, unanimously affirmed. The case is remitted to the Supreme Court, New York County, for further proceedings pursuant to CPL 460.50 (5).

*494Officers Mullen and Healey, while on patrol, observed defendant on April 2, 1989, between 7:30 and 9:00 p.m., accept money from different individuals, go into a…