People v. Potter

Judgment, Supreme Court, New York County, rendered December 6, 1974, convicting defendant, after a jury trial, of two counts of criminal sale of a controlled substance in the third degree, unanimously reversed, on the law, and a new trial directed. With commendable candor, the District Attorney concedes that the instant judgment must be reversed and a new trial granted due to the improper consolidation of indictments and the prejudice to defendant at trial which resulted from this consolidation. In one indictment, defendant was charged with a sale of heroin occurring on October 15, 1973. In…