Appellate Division of the Supreme Court of the State of New York February 1, 2011 (People v. Howard)

Judgment, Supreme Court, New York County (Arlene R. Silverman, J., at suppression hearing; John Cataldo, J, at jury trial and sentence), rendered July 31, 2008, as amended August 12, 2008, convicting defendant of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to a term of four years, unanimously reversed, on the law, and