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COMMONWEALTH PENNSYLVANIA v. OSCAR HERBERT YORK (01/11/89)

filed: January 11, 1989.

COMMONWEALTH OF PENNSYLVANIA, APPELLEE,
v.
OSCAR HERBERT YORK, APPELLANT



Appeal from the Judgment of Sentence of the Court of Common Pleas of Lancaster County, Criminal Division at No. 2676 of 1986.

COUNSEL

Harry C. Jackson, Lancaster, for appellant.

James J. Karl, Assistant District Attorney, Lancaster, for Com., appellee.

Cavanaugh, Tamilia and Popovich, JJ.

Author: Popovich

[ 381 Pa. Super. Page 57]

This case involves an appeal from the judgment of sentence for possession with intent to deliver cocaine and hashish, in violation of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. Section 780-101 et seq.), by the appellant, Oscar Herbert York. We affirm.

The evidence, viewed in a light most favorable to the verdict-winner, reveals that in the middle of August, 1986, State Narcotics Agent Robert M. Roderick received information from one Robert Baldwin "regarding a purchase that he felt he would be able to make" for a pound of cocaine from the appellant.

Baldwin also told Agent Roderick that he had purchased cocaine and hashish from the appellant on "numerous"

[ 381 Pa. Super. Page 58]

    occasions. The exact dates on which this occurred were not stated but the agent "had an impression it wasn't that long of a period of time prior to this" August, 1986 contact.

About the 20th of August, 1986, Baldwin informed the agent about the "possibility" that a deal could be set up with the appellant for the purchase of cocaine. At this time, Baldwin also told the agent where the appellant lived, his phone number, his business concerns and the two types of vehicles he owned and operated. This information was verified by the agent through personal observation or a check with the appropriate Commonwealth agency.

On the 26th of August, 1986, Baldwin advised the agent that he had spoken with the appellant about meeting to discuss the sale of drugs "a little after 3:30 p.m." of that day. The agent and his partner (Maryann Will) situated themselves outside the entrance to Baldwin's apartment and witnessed the appellant's arrival at 3:50 p.m. A discussion ensued for ten minutes before the meeting ended. Thereafter, Baldwin spoke with the agent and remarked that the appellant wanted to sell more than a pound of cocaine. He wanted to do a "kilo", that his supplier was in Florida and that it was just a matter of waiting for him to return.

At approximately 4:30 p.m. on the 13th of September, 1986, Baldwin contacted the agent to state that the appellant had called concerning the availability of the cocaine and that he (the appellant) wanted "to do the deal" that day. The agent told Baldwin to "set it up".

Once the agent arrived in Lancaster County from Harrisburg, Baldwin communicated to him that the appellant directed that Baldwin pick up the inositol (a "cutting" additive) since he (Baldwin) "wanted ...


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