In People v. Hibbert 282 A.D.2d 365 (1st Dept. 2001), the undercover officer testified that he approached Lorisha Houston and gave her pre-recorded buy money to facilitate the sale of crack cocaine. Houston was subsequently seen with the defendant inside a vehicle passing money but no drugs. Shortly thereafter, Houston sold crack cocaine to the undercover officer. There was no other proof that defendant was working with Houston or was aware of the existence of the undercover. Defendant was arrested and was found in possession of the pre-recorded buy money. The court held, inter alia, that since there was no proof that the defendant was aware that Houston sold drugs to the undercover, a trial order of dismissal should have been granted. Similarly, since there is no proof here that defendant knew that Watson was selling drugs, defendant's trial order of dismissal must be granted.