Defendant was charged with one count of third degree criminal sale of a controlled substance arising out of a 1986 "buy-and-bust" operation on the Lower East Side. The case proceeded to a bench trial resulting in a guilty verdict of fifth degree criminal sale of a controlled substance, a lesser included offense.
Defendant's contention that he is entitled to a reversal and dismissal of the indictment because the court's acquittal of third degree criminal sale of a...
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