People v. Allen

—Appeal from a judgment of Monroe County Court (Geraci, Jr., J.), entered October 6, 2000, convicting defendant after a jury trial of criminal sale of a controlled substance in the third degree.

It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to Monroe County Court for further proceedings in accordance with the following memorandum: Defendant appeals from a judgment convicting him after a jury trial of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]). Defendant contends that he was absent from sidebar…