People v. Heston

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Knopf, J.), rendered September 5, 2007, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and the matter is remitted to the Supreme Court, Queens County, for further proceedings in accordance herewith.

*702The defendant’s history of mental illness, and his behavior and comments to the court prior to the commencement…