People v. Setaro

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered September 28, 1970 on resentence, convicting him of criminally selling a dangerous drug in the second degree and criminal possession of a dangerous drug in the fourth degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordererd. The findings of fact have not been considered. In our opinion defendant did not receive a fair trial. The introduction of wholly extraneous matters and the circus atmosphere of the trial require a reversal, notwithstanding the improprieties…