People v. Gay

Opinion by

Judge NEY.

Defendant, James Gay, appeals the judgment of conviction entered upon a jury ver dict finding him guilty of unlawful distribution of a controlled substance (crack cocaine). We reverse and remand for a new trial.

A police officer stopped the car in which defendant was riding as a passenger because the car did not have operational brake lights.

The driver told the police that he had been driving through the neighborhood seeking to purchase crack cocaine when defendant had flagged him down. According to the driver, defendant said that he could obtain crack cocaine, got into the…