Judgment unanimously affirmed.
Memorandum:
Defendant was indicted on December 12, 1977 on drug charges arising out of a transaction on September 30, 1977. The indictment contained two counts: second degree criminal sale of a controlled substance and third degree criminal possession of a controlled substance. Following defendant's conviction on both counts in his first trial, this court reversed and granted a new trial (People v Gupta,
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