People v. Fong

Judgment, Supreme Court, New York County, February 28, 1975, convicting defendant after a jury trial of criminal sale of a controlled substance, third degree, and sentencing her to a minimum of one year and a maximum of life in prison, unanimously affirmed. The trial court’s refusal to render a decision on the defendant’s pretrial motion made pursuant to People v Sandoval (34 NY2d 371) until the defendant had taken the witness stand on the trial we find to be error. While Sandoval refrained from laying down "precise guidelines” (p 375), it, nonetheless, contemplated a "prospective” ruling,…