Appeal by the defendant from a judgment of the Supreme Court, Kings County (Rappaport, J.), rendered November 26, 2002, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is reversed, on the law, and a new trial is ordered.
In light of our determination, we do not reach the defendant’s remaining contention. Smith, J.P., Crane, Mastro and Skelos, JJ., concur.
