Judgment reversed, on the law, and new trial ordered.
The facts have been considered and are determined to have been established. Prior to summation the trial court denied a defense request for a charge on criminal facilitation (Penal Law, § 115.05) as a lesser included offense of criminal sale of a controlled substance. We find, however, that on the facts of this case, criminal facilitation was a lesser included offense of the sale count (see People v Lewis...
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