Appellate Division of the Supreme Court of the State of New York April 23, 2002 (People v. Montalvo)

—Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered May 6, 1996, convicting defendant Montalvo, after a jury trial, of criminal sale of a controlled substance in the third degree (two counts) and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 8 to 16 years, unanimously modified, as a