Judgment unanimously reversed and indictment dismissed.
Memorandum:
Defendant, joined by the District Attorney, moved to dismiss in the interest of justice (CPL 210.40) the indictment charging him with criminal sale of a controlled substance in the first degree (Penal Law, § 220.43, subd 1) and criminal sale of a controlled substance in the second degree (Penal Law, § 220.18, subd 1). The hearing on the motion revealed that defendant's role in the...
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