People v. Shivers

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered November 21, 1975, convicting her criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law and as a *709matter of discretion in the interest of justice, and new trial ordered. The basis of the defense was an alibi. As part of defendant’s case, her husband testified that he and defendant were at her mother’s house celebrating the anniversary of their engagement with some friends and relatives at the time the drug sale allegedly took place.…