Judgment unanimously reversed on the law and new trial granted.
Memorandum:
Defendant was convicted of criminal sale of a controlled substance in the third degree for selling heroin to an undercover police officer and a paid police informant. Defendant was present each day of his four-day trial, including the morning of March 26, 1981, when the jury was instructed on the law. Before the noontime recess, the court instructed all parties to return at 1:40 P...
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