People v. Heckstall

Appeals by defendant from (1) a judgment of the Supreme Court, Kings County (Owens, J.), rendered December 17,1979, convicting him of two counts of criminal sale of a controlled substance in the second degree, upon a jury verdict, and imposing sentence, and (2) a resentence of the same court (Maraño, J.), imposed September 11,1981, pursuant to section 60.09 of the Penal Law. Judgment reversed, on the law, and new trial ordered. The resentence is vacated and the appeal therefrom is dismissed as academic. No issue was presented with respect to the facts. At an audibility hearing prior to trial,…