Defendant was indicted for the crime of criminally selling a dangerous drug in the third degree in violation of section 220.35 of the Penal Law. He was subsequently arraigned and entered a plea of not guilty. On June 19, 1972 defendant waived his right to a jury trial. The evidence at the trial revealed that on November 6, 1971 Trooper Mastronardi, who was working on special assignment as an undercover narcotics investigator in Tompkins County, purchased two tin-foil packets...
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