People v. Sabater

Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J.), rendered May 13, 1991, which convicted defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentenced him to an indeterminate prison term of 6 to 12 years, unanimously reversed, on the law and facts, and the matter remanded for a new trial to be preceded by a fact-finding hearing with respect to the propriety of the seizure of defendant and of his identification.

Defendant was arrested after the sale of three vials to an undercover officer. Another officer witnessed the exchange,…