Opinion
1999-07871
Submitted September 23, 2002.
October 15, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Erlbaum, J.), rendered July 28, 1999, convicting him of criminal sale of a controlled substance in the third degree (four counts), upon a jury verdict, and imposing sentence.
Leon H. Tracy, Jericho, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and Ushir Pandit of counsel), for respondent.
Before: SONDRA MILLER, J.P., WILLIAM D. FRIEDMANN, STEPHEN G. CRANE, REINALDO E. RIVERA, JJ.
ORDERED that the judgment is reversed, on the law, and a new trial is ordered.
The defendant is entitled to a new trial for the reasons stated in People v. Yattang Ng (A.D.2d [decided herewith]).
The defendant's remaining contentions are without merit.
S. MILLER, J.P., FRIEDMANN, CRANE and RIVERA, JJ., concur.