Opinion
March 25, 1974
Appeal by defendant from a judgment of the County Court, Orange County, rendered July 27, 1971, convicting him of criminal possession of a dangerous drug in the fourth degree and criminally selling a dangerous drug in the third degree, upon a jury verdict, and imposing sentence. On the court's own motion and on consent of both parties, a prior motion by appellant for summary reversal of the judgment is deemed renewed and the motion is granted, on the law; and, upon the request of the People and in the interests of justice, the indictment is dismissed. The absence of the transcript of the summations of counsel mandates reversal ( People v. Adams, 22 A.D.2d 892). The People state that a new trial is impossible since the People's witnesses are presently incarcerated following their convictions for various crimes. Defendant has already served two and a half years of the imposed reformatory sentence. The interests of justice mandate dismissal of the indictment. Gulotta, P.J., Martuscello, Latham, Cohalan and Benjamin, JJ., concur.