People v. Rodriguez

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered May 9, 1989, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing a sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.

On their direct case, the People were permitted to introduce evidence concerning the defendant’s prior drug sale conviction. The court admitted this evidence on the theory that it was relevant to the defendant’s intent to sell.…