People v. Cruz

Appeal by defendant from a judgment of the County Court, Orange County, rendered January 20, 1976, convicting him of criminal sale of a controlled substance in the third degree (two counts) and criminal possession of a controlled substance in the third degree (two counts), upon a jury verdict, and imposing sentence. The appeal also brings up for review the denial of defendant’s motions to disqualify the prosecutor and for a mistrial. By order dated January 17, 1977 this court remanded the case to the County Court for a hearing to afford the defendant the opportunity to demonstrate that he had…