Judgment unanimously affirmed.
Memorandum:
In his appeal from a judgment of conviction for criminal sale of a controlled substance in the first degree (Penal Law, § 220.43, subd 1) and criminal possession of a controlled substance in the first degree (Penal Law, § 220.21, subd 1), defendant maintains that the court erred in refusing to submit to the jury the lesser included offenses of criminal sale of a controlled substance in the second degree...
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