Appellate Division of the Supreme Court of the State of New York February 7, 2000 (People v. Johnson)

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rios, J.), rendered April 21, 1998, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence. The appeal brings *407up for review the denial, after a hearing (Cooperaran, J.