Majority
p. 657The People of the State of New York, Respondent, v Walter Henzel, Appellant.
Appeal by defendant from a judgment of the County Court, Nassau County, rendered February 5, 1976, convicting him of criminal possession of a controlled substance in the third and fifth degrees and criminal sale of a controlled substance in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law and the facts, and indictment dismissed. Defendant’s guilt was not proved beyond a reasonable doubt. Hopkins, J. P., Shapiro, Hawkins and Suozzi, JJ., concur.