People v. Gatewood
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment, Supreme Court, New York County (Paul Bookson, J.), rendered May 1, 1995, 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 6V2 to 13 years and a $2,000 fine, reversed, on the law, and the matter remanded for a new trial.
Defendant was denied a fair trial where the trial court erroneously modified its original ruling pursuant to People v Sandoval (34 NY2d 371), and then permitted the prosecution to violate the modified ruling (see, People v Gomez, 227 AD2d 210). The…
2Cases cited6 opinions
- People v. SandovalNew York Court of Appeals · 1974
- People v. FardanNew York Court of Appeals · 1993
- People v. MorganAppellate Division of the Supreme Court of the State of New York · 1991
- People v. AstacioAppellate Division of the Supreme Court of the State of New York · 1987
- People v. AponteAppellate Division of the Supreme Court of the State of New York · 1990
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3Cited by4 opinions
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 2000
- People v. WrightAppellate Division of the Supreme Court of the State of New York · 1999
- People v. TuthillAppellate Terms of the Supreme Court of New York · 2009
- People v. HendersonAppellate Division of the Supreme Court of the State of New York · 2022