People v. Sumpter

Judgment unanimously affirmed. Memorandum: Defendant was convicted, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree. He sold cocaine to a confidential informant while the transaction was monitored via radio transmitter by officers of the Southern Tier Regional Drug Task Force.

Defendant contends that he was deprived of the opportunity to testify. During a charge conference after the close of proof, but prior to summations, defendant expressed his desire to take the stand. Defense counsel…