People v. Arroyo

Appeal by defendant from a judgment of the County Court, Rockland County, rendered November 9, 1976, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence. Judgment affirmed. No opinion. Suozzi, Cohalan and Hawkins, JJ., concur; Titone, J. P., dissents and votes to reverse the judgment and order a new trial, with the following memorandum: An issue preserved for appeal by defense counsel at the trial, although not raised in appellant’s brief, is whether the failure of the prosecution to request that a witness called by the…