People v. Nieves

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Clabby, J.), rendered September 25, 1992, convicting him of criminal possession of a controlled substance in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.

The charges arose out of an incident on or about October 24, 1991, when the defendant was arrested during a "buy and bust” operation at 1420 Gateway Boulevard, in Queens, New York. On appeal, the defendant, who is…