People v. Walker

Judgment, Supreme Court, New York County (William Wetzel, J.), rendered August 19, 1996, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the fifth degree and criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to concurrent terms of 2 to 4 years, unanimously affirmed. The matter is remitted to Supreme Court, New York County, for further proceedings pursuant to CPL 460.50 (5).

On the existing record, which defendant has not sought to *318amplify by way of a CPL 440.10 motion, we find that…