Order unanimously modified, on the law, by reinstating counts one, two, five and six of the indictment and, as modified, affirmed.
Memorandum:
The court erred in dismissing the first, second, fifth and sixth counts of the indictment because of legal insufficiency.
The first two counts of the indictment charge defendant with criminal possession of a controlled substance (cocaine) with intent to sell (Penal Law § 220.16 [1], [12]). The evidence...
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