Appellate Division of the Supreme Court of the State of New York January 12, 1995 (People v. Porter)

Judgment, Supreme Court, New York County (Mary McGowan Davis, J.), rendered January 20, 1993, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a predicate felony offender, to an indeterminate term of from 4 Vi to 9 years imprisonment, unanimously reversed, on the law, and a new trial ordered, to be preceded by an