People v. McNamee

Supreme Court, New York County, rendered November 29, 1977, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the first degree, criminal facilitation in the first degree, and criminal facilitation in the second degree, and sentencing him accordingly, reversed, on the law and as a matter of discretion in the interest of justice, and case remanded for a new trial. Defendant is entitled to a new trial because of four basic errors committed during trial. First of all, in the charge, the trial court improperly permitted the jury to commingle the evidence under…