People v. Butler

Ritter, J.,

dissents, and votes to reverse the judgment, on the law, and to dismiss the indictment, with the following memorandum in which Rosenblatt, J., concurs.

The defendant was charged with one count of criminal sale of a controlled substance in the third degree. The indictment specifies that "the defendant, acting in concert with another person, on or about December 18, 1989, in the County of Queens, knowingly and unlawfully sold a narcotic drug, to wit: cocaine, to a person known to the Grand Jury”. The prosecution’s theory was straightforward and consistent throughout the trial. The…