The Grand Jury testimony related that on December 4, 1991, an undercover narcotics officer approached defendant Michael Ortiz and his companion in front of 440 West 49th Street in Manhattan and asked if they were "working." Ortiz responded "Yes," and displayed three plastic bags of marijuana. The undercover said he wanted coke, to which Ortiz's companion replied that they sold marijuana only. Ortiz asked the undercover where he was from and he responded, "I work on 50th Street...
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