Majority
p. 1051The People of the State of New York, Respondent, v James Mason, Also Known as Herman Grant, Appellant.
Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered March 19, 1976, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence. Judgment affirmed. No opinion. Titone, Suozzi and Margett, JJ., concur; Hopkins, J. P., concurs in the result on the constraint of People v Newton (61 AD2d 1051).