Judgment unanimously modified in accordance with memorandum and, as modified, affirmed.
Memorandum:
Defendant appeals from a judgment of Supreme Court, Erie County, entered on April 22, 1974 after a jury verdict, convicting defendant of criminal possession of a dangerous drug in the fifth degree and criminal sale of a dangerous drug in the fourth degree. Defendant was sentenced to an indeterminate term with a maximum of three years on each count, to be served...
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