People v. Shaw

Judgment, Supreme Court, New York County (Allen Murray Myers, J.), rendered August 31, 1988, convicting defendant of criminal sale of a controlled substance in the fifth degree and criminal possession of a controlled substance in the fifth degree and sentencing him to two concurrent indeterminate prison terms of 3 to 6 years’ incarceration, unanimously reversed, on the law, the facts and as a matter of discretion in the interest of justice and the matter remanded for a new trial.

In the case at bar, the court marshaled the evidence in a prejudicial and uneven manner, improperly favoring the Peo*394…