People v. Ortega

— Judgment reversed on the law and new trial granted. Memorandum: Defendant was convicted, following a jury trial, of criminal sale of a controlled substance in the second degree (Penal Law §220.41 [1]), criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]), and two counts of criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1], [12]). The conviction stems from defendant’s sale of a quantity of cocaine to an undercover police officer who was introduced to defendant by a confidential informant.

At trial, defense counsel…