People v. Dunn

— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Sharpe, J.), rendered May 20, 1983, convicting him of criminal sale of a *953controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Judgment modified, on the law, by vacating the sentence imposed. As so modified, judgment affirmed, and matter remitted to the Supreme Court, Queens County, for resentencing.

Viewing the evidence in the light most favorable to the People, the jury was warranted in concluding that the defendant, acting in concert with another individual, sold cocaine to an…