Judgment of conviction upon the first count of the indictment unanimously affirmed; judgment of conviction upon the second count of the indictment unanimously reversed on the law and facts and a new trial granted as to that count.
Memorandum:
The defendant was charged in the first count of the indictment with selling narcotics to one Tyler in violation of subdivision 1 of section 1751 of the Penal Law and in the second count of the indictment with giving narcotics...
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