People v. Smith

Appeal from a judgment of the Supreme Court (Lamont, J.), rendered November 22, 2002 in Albany County, upon a verdict convicting defendant of the crime of criminal sale of a controlled substance in the third degree.

On April 2, 2001, detectives Scott Gavigan and John Pologa of the Albany Police Department set up a controlled buy of cocaine from defendant through a confidential informant. This sale resulted in a one-count indictment charging defendant with the crime of criminal sale of a controlled substance in the third *947degree. Following a jury trial, defendant was convicted and sentenced, as…