People v. Figueroa

Appeal by defendant from a judgment of the Supreme Court, Kings County (Potoker, J.), rendered March 28, 1979, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, *565and imposing sentence. Judgment reversed, on the law, and new trial ordered. Reversal is required because of the inadequacy of defendant’s representation at trial. The record reveals that the defense attorney: (1) failed to seek a pretrial Wade hearing, although identification was the primary issue in the case; (2) waived his client’s Sixth Amendment right to a public trial on the bare…