People v. Armstrong

Appeal by the People from an order of the Supreme Court, Queens County (Finnegan, J.), dated November 9, 1995, which granted the defendant’s motion pursuant to CPL 330.30 (1) to set aside a jury verdict convicting him of criminal sale of a controlled substance in the third degree, and granted a new trial.

Ordered that the order is reversed, on the law, the motion is denied, and the matter is remitted to the Supreme Court, Queens County, for further proceedings.

The trial court granted the defendant’s motion to set aside the verdict pursuant to CPL 330.30 (1), based solely on the alleged…