People v. Reyes

Appeal by defendant from a judgment of the Supreme Court, Kings County (Ryan, J.), rendered January 2, 1979, convicting him of criminal sale of a controlled substance in the first degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, indictment dismissed, and case remitted to the Supreme Court, Kings County, for the purpose of entering an order in its discretion pursuant to CPL 160.50. According to the People’s proof at trial, defendant stood by as the bodyguard of the seller, in the seller’s apartment, during the transaction which is the predicate for the crime…