People v. Charles

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Owens, J.), rendered May 9, 1989, convicting him of criminal sale of a controlled substance in the second degree (two counts) and 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. No questions of fact have been raised or considered.

The defendant and his brother were arrested after selling cocaine to an undercover police officer and were tried jointly. On February 7, 1989, and while the…