Appellate Division of the Supreme Court of the State of New York February 19, 2002 (People v. Smith)

—Judgment, Supreme Court, Bronx County (Joseph Fisch, J., on CPL 190.50 [5] [c] motion; Megan Tallmer, J., at jury trial and sentence), rendered May 2, 2000, convicting defendant of criminal sale of a controlled substance in or near school grounds, criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him,