Judgment modified as to the conviction, on the law and the facts, by reducing it to one of criminal facilitation in the first degree; as so modified, judgment affirmed as to the conviction; judgment reversed as to the sentence and case remanded to Criminal Term for resentence.
In our opinion, the evidence was legally insufficient to establish defendant's guilt of the crime of criminal sale of a controlled substance in the third degree. However, the proof adduced at...
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