People v. Sutton

—Appeal by the defendant from a judgment of the Supreme Court, Kings *600County (Lipp, J.), rendered June 21, 1989, convicting him of criminal sale of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence. By decision and order of this Court dated June 22, 1991, the defendant’s appeal was dismissed (see, People v Sutton, 175 AD2d 272). By order dated October 27, 1992, the Court of Appeals reversed the decision and order of this Court and remitted the matter to this Court for review of the defendant’s argument that the indictment should be dismissed on…