People v. Wingate

— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Golia, J.), rendered July 18, 1989, convicting him of criminal sale of a controlled substance in the third degree, after a nonjury trial, and imposing sentence.

*192Ordered that the judgment is reversed, as a matter of discretion in the interest of justice, the indictment is dismissed, and the matter is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

At the trial, the parties stipulated that if the police chemist were to testify, he would…