People v. Tillery

Appeal by defendant from a judgment of the County Court, Orange County, rendered March 26, 1976, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the facts, and indictment dismissed. There was only contradictory and ambiguous evidence as to how the defendant-appellant’s identity was established. Each of two police officers testified that the other had provided the defendant’s name. Although a police informer was in the apartment at the time of the alleged sale, neither the informer, nor any of the…