People v. Askew

I concur in result. The People appeal from an order, Supreme Court, Bronx County, entered May 11, 1978, which denied the People’s motion made pursuant to CPL 440.40 to set aside as invalid the one-year sentence imposed following defendant’s conviction of criminal sale of a controlled substance, third degree (Penal Law, § 220.39), a class A-III felony. Defendant had been indicted with one William Bush, accused of having sold $20 worth of cocaine to an undercover officer. Bush was acquitted following a trial before Justice Lowe, without a jury. Defendant, arrested some eight months after the…