Ordered that the judgment is modified, on the law, by reversing the conviction of criminal sale of a controlled substance first degree under the first count of the indictment, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
The defendant was the subject of a so-called "buy and bust" operation, involving three separate sales of cocaine to an undercover officer. With respect to the first count...
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