People v. Espada

Judgment of the Supreme Court, New York County (E. Sheridan, J.), rendered on December 17, 1991, convicting appellant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him as a second felony offender to a term of imprisonment of 4 Vz to 9 years, unanimously reversed, on the law and in the interest of justice, and the matter is remanded for a new trial.

At the second trial of the indictment, the first having resulted in a hung jury, the undercover police officer who allegedly purchased heroin from appellant was permitted to testify that his…