People v. Sutton

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kohm, J.), rendered February 28, 2000, convicting him of criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

*425Ordered that the judgment is reversed, on the law, the sentence is vacated, and the second count of the indictment charging the defendant with criminal possession of a controlled substance in the third degree is dismissed.

At his first trial, the defendant was convicted of, among other things, criminal possession of a controlled substance in the seventh…