Judgment reversed, on the law, motion granted, first count of the indictment dismissed and a new trial ordered as to count two of said indictment.
The defendant was indicted for criminal sale of a controlled substance in the third degree and grand larceny in the third degree arising from a transaction in which undercover police officers were sold common wheat flour. Prior to the commencement of the trial the People conceded that the substance was indeed flour, and...
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