Judgment unanimously reversed, on the law, and a new trial granted.
Memorandum:
Defendant appeals from a judgment convicting him of criminal sale of a controlled substance in the third degree (Penal Law, § 220.39, subd 1). Originally sentenced to an indeterminate term of imprisonment with a maximum of life and a minimum of one year, he was resentenced to an indeterminate term with a maximum of three years and a minimum of one year (Penal Law, § 60...
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