After a 4-month investigation, the Westchester County Narcotics Unit arrested a 33-year old man and a 35-year old man, both from the Bronx, for allegedly selling cocaine to undercover officers and possessing drugs with the intent to sell them. Both drug charges are felonies.
The 33-year-old was arrested in front of his Tomlinson Avenue residence and charged with four counts of sale of a controlled substance in the third degree and another four counts of criminal possession of a controlled substance with intent to sell it.
The 35-year-old, who resides on Halperin Avenue, was allegedly found with 20 small bags of cocaine when he was arrested on June 25 at Nardozi Place. He was subsequently charged with two counts of criminal sale of a controlled substance in the third degree and one count of criminal possession of a controlled substance with intent to sell. Upon their arraignments in New Rochelle City Court, the 35-year-old was remanded to Westchester County Jail in Valhalla while the 33 year old posted $10,000 bail and was released.
Hand-to-hand sales to the police all come down to the credibility of the undercover officer. The undercover's identification of the seller can be undercut by a skillful narcotics lawyer during the course of his cross-examination. The article above does not indicate whether each count of the alleged sales took place on the day of the arrest or at various points over a 4-month period, but when there's also a gap in time between the buy and the arrest, an experienced drug attorney may get even more ammunition to challenge his client's identification at trial and mount a strong defense. Alternatively, the lawyer may be able to plea bargain for a reduction and a non-incarceratory sentence, such as probation or Drug Treatment Court.
Source: Talk of the Sound, "County Police Arrest Two Men On Drug Charges Follow Four-Month Probe In New Rochelle", June 29, 2013