People v. Ellison

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Giaccio, J.), rendered October 10, 1985, convicting him of criminal sale of a controlled substance in the third degree and criminal sale of marihuana in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by reversing the conviction of criminal sale of a controlled substance in the third degree, vacating the sentence imposed thereon, and ordering a new trial as to that count of the indictment. As so modified, the judgment is affirmed. The facts have been…