People v. Diaz

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Corrado, J.), rendered February 10, 1989, convicting him of criminal sale 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 determined to have been established.

The defendant was arrested after selling two vials of cocaine to an undercover officer. The arresting officer was waiting in his car near the location of the sale. After receiving a communication over his…