People v. Gray

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Giaccio, J.), rendered December 9, 1998, convicting him of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fifth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

During his summation, the defense counsel commented that the prosecutor had not called as a witness a police officer who was present when the defendant was arrested. Pursuant to the prosecutor’s request,…