People v. Garrett

—Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered July 18, 1995, convicting him of criminal possession of a controlled substance in the third degree (two counts) and criminal sale of a controlled substance in the third degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Rock-land County, for resentencing.

While it was error for the prosecutor to question the…