People v. Rosario

—Judgment of the Supreme Court, New York County (Alfred Kleiman, J.) rendered April 19, 1991, convicting the defendant, after a jury trial, of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]), and sentencing the defendant to a prison term of 5 to 10 years, unanimously reversed on the law, and the indictment dismissed; and judgment of the same court rendered April 19, 1991, convicting the defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]), and sentencing him to a prison term of 5…