After the evidence was closed and before the summations, the prosecution requested a charge on what was then criminal facilitation in the first degree (Penal Law, § 115.05). Although the court indicated it did not view that as a lesser included offense of criminal sale of a controlled substance in the second degree, one of the counts of the indictment, it was later persuaded to the prosecution's view and defendant was granted an exception to the charge. Despite defendant...
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