People v. Carelock

Judgment insofar as it convicts defendant on Count No. 1 of the indictment unanimously reversed, on the law and facts, and a new trial granted on that count, and otherwise judgment affirmed. Memorandum: Defendant appeals from a judgment of conviction entered upon a jury verdict which found him guilty of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the fifth degree. We find no merit to defendant’s contention that the failure of an identified informant to appear and testify at trial necessitates either retrial or dismissal. The…