People v. Gomez

Judgment, Supreme Court, New York County (Rose Rubin, J.), rendered September 14, 1993, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree and sentencing him, as a second felony offender, to concurrent terms of 6 to 12 years, unanimously reversed, on the law and the facts, and the matter remanded for a new trial.

Defendant was charged with selling one glassine envelope of heroin to an undercover officer on the afternoon of July 29, 1992; he was arrested approximately two…