Judgment reversed, on the law, the fourth count of the indictment, charging criminal possession of a controlled substance in the first degree, is dismissed and a new trial is ordered as to the remaining counts of the indictment.
No issue has been presented with respect to the sufficiency of the facts upon which the convictions were based. The convictions herein arose from two alleged sales of heroin by defendant to an undercover police officer. The first sale, upon...
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