People v. Hopson

—Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Rohl, J.), rendered March 26, 1996, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered. The facts have been considered and are determined to have been established.

We agree with the defendant that the testimony presented at the Hinton hearing (see, People v Hinton, 31 NY2d 71, cert denied 410 US 911),…