Appellate Division of the Supreme Court of the State of New York November 19, 1996 (People v. Lugo)

—Judgment, Supreme Court, New York County (Joan Sudolnik, J.), rendered April 29, 1994, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh *198degree, and sentencing him, as a second felony offender, to a term of 41/2 to 9 years and to time served, respectively, unanimously