Judgment affirmed. This case is remitted to the County Court, Rockland County, for further proceedings pursuant to CPL 460.50 (5).
On April 20, 1983, and again on April 25, 1983, an undercover investigator purchased from the defendant, for $350, a white powdery substance which he believed to be cocaine. Subsequent laboratory tests established that the substance purchased was in fact aspirin. The defendant was charged with one count of attempted criminal sale of a...
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