People v. Jackson

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered February 9, 1970, convicting him of criminally selling a dangerous drug in the second degree (two counts), upon a jury verdict, and imposing sentence. Judgment reversed, on the law and the facts and in the interests of justice, and new trial ordered. Defendant was charged with selling heroin to a police undercover officer on two occasions. At the trial this officer and two detectives, who allegedly observed the buys, all testified that the seller was 5 feet 8 inches tall and weighed 150 pounds. One of the…