People v. McGrath

—Judgment unanimously reversed on the law and indictment dismissed. Memorandum: Defendant was convicted of criminal sale of marihuana in the second degree (Penal Law § 221.50). The charges arose after a student was discovered by school authorities in possession of marihuana. The investigation into the incident resulted in a 15-year-old student’s implicating defendant as the person from whom hé purchased $90 worth of marihuana on June 6, 1997. That student, the prosecution’s main witness, testified at trial that, on that date, he telephoned defendant to arrange the transaction and then he…