People v. Mack

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Pitaro, J.), rendered March 27, 1989, convicting him of criminal sale of a controlled substance in the third degree, and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.

On the evening of May 2, 1988, the defendant allegedly sold two vials of crack cocaine to an undercover police officer. After completing the "buy”, the…