People v. Rencher

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered February 27,1973, convicting him of criminal sale of a dangerous drug in the third degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, the facts and as a matter of discretion in the interest of justice, and new trial ordered. We find that the following series of facts, coupled with a failure on the part of the prosecution to comply with applicable law, deprived defendant of a fair trial.

FACTS

Defendant was acquitted on the first count of a two-count indictment, which first count…