Appellate Division of the Supreme Court of the State of New York October 17, 1995 (People v. Wheeler)

—Judgment, Supreme Court, New York County (Murray Mogel, J.), rendered April 21, 1994, convicting defendant after jury trial of criminal sale of a controlled substance in the third degree and sentencing him, as a second felony offender, to 41/2 to 9 years imprisonment, unanimously reversed, on the law, and the matter is remanded for new trial.