People v. Merlo

Appeal by the defendant from a judgment of the County Court, Orange County (Byrne, J.), rendered July 31, 1990, convicting him of criminal sale of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

On November 16, 1988, the defendant and William Gabler drove to the Goshen Plaza Diner where the defendant met with an undercover officer. While Gabler remained in the vehicle, the defendant entered the undercover officer’s vehicle and gave the officer nearly two ounces of cocaine in exchange for $1,500.

Based in part on…