Appellate Division of the Supreme Court of the State of New York May 5, 2009 (People v. Smith)

Judgment, Supreme Court, New York County (Marcy L. Kahn, J.), rendered March 9, 2006, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to a term of four years, unanimously affirmed.