People v. Hewlett

Harwood, J.,

dissents and votes to reverse the judgment, on *420the law, and order a new trial, with the following memorandum: I dissent. I agree that the identification evidence was sufficient to establish beyond a reasonable doubt that the defendant Anthony Hewlett participated in the illegal drug sale which occurred over one month before his arrest. And I acknowledge that the defendant’s trial counsel, whose advocacy was far from exemplary, failed to properly preserve important issues for appellate review. I am of the opinion, however, that the erroneous jury instructions on the crucial issues…