Charles Jones v. James Stinson, Superintendent Great Meadow Correctional Facility

POOLER, Circuit Judge:

INTRODUCTION

Charles Jones was a crack addict who sometimes engaged in the dangerous practice of selling “beat” 1 to feed his addiction. On March 21, 1994, he was arrested for selling three vials which, combined, contained one grain of cocaine and was charged with the knowing and unlawful sale of a controlled substance in violation of New York Penal Law § 220.39. At trial, Jones testified he intended to sell beat, not cocaine, and any trace amounts of cocaine were residue from the vials’ original contents, which he had smoked. After nearly seven hours of deliberation, the…