Appellate Division of the Supreme Court of the State of New York February 23, 2010 (People v. Whaley)

*571Judgment, Supreme Court, New York County (Charles J. Tejada, J., at suppression hearing; Daniel Conviser, J., at jury trial and sentence), rendered April 4, 2008, convicting defendant of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, and sentencing him, as a second felony drug offender, to an aggregate term