Appellate Division of the Supreme Court of the State of New York June 12, 2003 (People v. Whiten)

—Judgment, Supreme Court, New York County (Michael Obús, J.), rendered August 7, 2001, 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 third degree, and sentencing him, as a second felony offender, to concurrent terms of 4V2 to 9 years, unanimously affirmed.