People v. Holmes

Judgment of the Supreme Court, New York County (Antonio Brandveen, J.), rendered March 4, 1993, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 Vi to 11 years, unanimously reversed, on the law, facts and as a matter of discretion in the interest of justice, *164and the matter remanded for a new trial. Appeal from the order of the same court and Justice, entered on or about July 29, 1994, which denied defendant’s motion pursuant to CPL article 440 to vacate the above-mentioned…