People v. Jones

Friedmann, J.,

dissents, and votes to reverse the judgment appealed from and to order a new trial, with the following memorandum in which Goldstein, J., concurs. I respectfully dissent and vote to reverse the judgment appealed from and to order a new trial on the ground that the defendant was improperly prevented from presenting his defense to the jury.

The defendant was charged with criminal sale of a controlled substance in the third degree. At trial, his defense was that he was a crack cocaine addict, and that his custom was to fill the vials of crack cocaine that he had consumed with baking…