| People v Griffin |
| 2009 NY Slip Op 04922 [63 AD3d 856] |
| June 9, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Darryl Griffin, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Karla Lato of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Doyle, J.),rendered September 14, 2006, convicting him of criminal sale of a controlled substance in thethird degree (two counts) and criminal possession of a controlled substance in the third degree(two counts), upon a jury verdict, and imposing sentence.
Ordered that the matter is remitted to the County Court, Suffolk County, to hear and report inaccordance herewith, and the appeal is held in abeyance in the interim. The County Court shallfile its report with all convenient speed.
The matter must be remitted to the County Court, Suffolk County, to hear and report on theissue of whether the confidential informant entered into a cooperation agreement with any lawenforcement agency at any time prior to her testimony at trial (see People v Novoa, 70NY2d 490, 496 [1987]). We decide no issues at this time. Spolzino, J.P., Fisher, Miller andBalkin, JJ., concur.