In January of 1996, a man offered a woman $1,500.00 to use her apartment for a drug deal. She accepted and the man and another man moved into the woman’s apartment to wait for a large amount of heroin to be delivered from San Francisco by another man. While in the apartment, the woman saw that one of the men, the defendant, had a small caliber handgun. When the man from San Francisco who was delivering the heroin arrived in New York, the woman and two men went to his hotel.
Several days later, the defendant and the woman returned to the hotel and searched it for the heroin. When they found it, they returned to the woman’s apartment where the other men were watching television. The woman stated that she was in the living room when the defendant and the other men went into the back bedroom. They came out about 15 minutes later without the man from San Francisco. She testified later that she went in to the back bedroom and discovered the San Francisco man lying on the bed face down with blood pouring from his head. The defendant and the other two men divided the heroin among them and then convinced the woman to help them wrap the body in a rug. They dumped the body along Riverside Drive in Upper Manhattan where it was quickly found and identified.