Appellate Division of the Supreme Court of the State of New York April 20, 2000 (People v. Szwec)

—Judgment, *323Supreme Court, Bronx County (Robert Straus, J.), rendered April 13, 1998, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously reversed, on the law and as a matter of discretion in the interest of justice, the judgment vacated, and the