People v. Parker

—Judgment, Supreme Court, Bronx County (John Stackhouse, J.), rendered May 10, 1991, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]) and criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]), and sentencing him to concurrent terms of 1 to 3 years, unanimously reversed, on the law, and the matter is remanded for a new trial.

Defendant was arrested pursuant to a "buy and bust” operation in which he sold two vials of cocaine to an undercover police officer. The prosecutor moved…