Prior to the closing arguments, the trial court, with the agreement of counsel, dismissed the second count of the indictment for criminal possession of a controlled substance in the third degree to avoid possible repugnant verdicts.
On appeal, the defendant argues that while the dismissal was not error, the court committed error by not striking or instructing the jury to disregard the evidence, with respect to the dismissed count, that his codefendant possessed three...
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