Opinion
1999-07872
Submitted September 23, 2002.
October 15, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Erlbaum, J.), rendered August 6, 1999, convicting him of criminal sale of a controlled substance in the third degree (four counts), upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Sonia Mikolic-Torreira of counsel), 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.