Criminal Law · MBE-tested

The People of the State of New York, Respondent, v. Marcellino Melendez, Appellant

87 A.D.2d 830·New York Supreme Court, Appellate Division·1982·NY

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Opinion

The People of the State of New York, Respondent, v Marcellino Melendez, Appellant. [MAJORITY] Appeal by defendant from a judgment of the Supreme Court, Kings County (Beldock, J.), rendered Mar.ch 28,1978, convicting him of criminal sale of a controlled substance in the second degree (three counts), upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new audibility hearing and trial are ordered. Reversal is warranted in the instant case for the reasons set forth in People v Colon (87 AD2d 826). We have considered appellant’s other contentions and find that, under the circumstances, they have no merit. Gibbons, J. P., Weinstein, Bracken and Boyers, JJ., concur.