Ordered that the judgment is affirmed.
The defendant contends, inter alia, that the jury verdict which convicted him of criminal sale of a controlled substance in the first degree (Penal Law § 220.43) and acquitted him of criminal possession of a controlled substance in the third degree with the intent to sell (Penal Law § 220.16) is repugnant. We disagree. The defendant was not charged with making the sale directly, but pursuant to Penal Law §...
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