Appellate Division of the Supreme Court of New York, 2001

People v. Parker

People v. Parker
Appellate Division of the Supreme Court of New York · Decided October 9, 2001
287 A.D.2d 276; 731 N.Y.S.2d 17; 2001 N.Y. App. Div. LEXIS 9335
People v. Parker

Opinion of the Court

—Judgment, Supreme Court, New York County (Richard Carruthers, J.), rendered January 26, 1998, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4V2 to 9 years, unanimously affirmed.

*277The jury’s verdict was based on sufficient evidence. “The drug sale was established beyond a reasonable doubt by testimony that defendant sold a small unknown object that the buyer took hold of but discarded seconds later upon arrival of the arresting officer [ ], and which turned out to be a plastic bag containing cocaine. In this short time interval, the buyer could not have disposed of the object [he] purchased from defendant and bought drugs from someone else.” (People v Starks, 216 AD2d 120, affd 88 NY2d 818.) Contrary to defendant’s argument, the facts in the instant case are indistinguishable from those in Starks. Concur — Sullivan, P. J., Nardelli, Williams and Mazzarelli, JJ.

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