People v. Cruz

*491Judgment, Supreme Court, New York County (William A. Wetzel, J.), rendered October 24, 2005, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of five years, unanimously reversed, on the law, and the matter remanded for a new trial.

The court improperly precluded material evidence offered by defendant. An undercover officer testified that after he entered a parking garage and announced a desire to purchase drugs, defendant followed him out of the garage to a location about a block…