People v. Brooks

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Browne, J.), rendered June 15, 1989, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law and the *550facts, the indictment is dismissed, and the matter is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

The defendant’s conviction was based on a purported sale of four vials containing cocaine to an undercover police officer. We…