People v. Rankin

Judgment insofar as it convicts defendant on the fourth count of the indictment unanimously reversed and a new trial granted on that count, and otherwise judgment *827affirmed. Memorandum: Defendant was convicted on counts 2 and 4 of an indictment for the criminal sale of a controlled substance, third degree (Penal Law, § 220.39, subd 1), to wit, on July 19 and 24, 1974, and he was sentenced on each conviction to an indeterminate term of two and one-half years to life, to run concurrently. He contends that (1) the court committed reversible error in refusing his request to charge his defense of…