People v. Douglas

—Order, Supreme Court, New York County (Alvin Schlesinger, J.), entered June 26, 1995, granting defendant’s motion pursuant to CPL 440.10 and vacating the judgment of the same court and Justice, rendered August 27, 1992, which convicted defendant, after a jury trial, of criminal possession of a controlled substance in the fifth degree and sentenced him, as a predicate felony offender, to an indeterminate term of 21/2 to 5 years imprisonment, unanimously reversed, on the law, defendant’s motion denied and the judgment of conviction reinstated.

Criminal Term relied upon People v Fields (146 AD2d…