People v. McKinnon
Opinion of the Court
— Judgment, Supreme Court, New York County (Albert Williams, J.), rendered March 30, 1990, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree, and criminal possession of a controlled substance in the fifth degree, and sentencing him as a predicate felon to concurrent indeterminate prison sentences of from 4-Vi to 9 years, 4-ti to 9 years, and 2 to 4 years, respectively, unanimously affirmed.
During a buy and bust operation on September 18, 1989, a plainclothes officer gestured toward defendant, who was standing with William Cook and Lawrence Eaton on West 37th Street. Defendant crossed the street to the officer and asked "how many”. The officer replied "three”. Defendant then gestured for his two accomplices to approach, and instructed the officer to give Cook $15. Eaton gave the officer 3 vials of crack. The back-up team arrested the three men after the sale and recovered the "buy” money and over 70 vials of cocaine.
Finally, there was no defect in the court’s charge on accessorial liability. There was no need for the court to define criminal facilitation, with which defendant was never charged. Concur — Carro, J. P., Milonas, Ellerin, Ross and Asch, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.