On December 18, 1973, defendant was indicted for the crimes of criminal sale of a controlled substance in the fifth degree (Penal Law, § 220.34, subd 1, par [c]) and criminal possession of a controlled substance in the fifth degree (Penal Law, § 220.09, subd 10). Said indictment arose out of an alleged incident in the Town of Erin, Chemung County, on November 9, 1973 wherein defendant, knowingly and unlawfully, sold a controlled substance, to wit, marijuana, to...
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