Ordered that the order is reversed, on the law, the first count of the indictment is reinstated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings on the indictment.
Contrary to the Supreme Court's holding, the evidence that the defendant possessed 49 vials of cocaine was legally sufficient, within the meaning of CPL 70.10 (1) and 190.65 (1), to support the first count of the indictment charging the defendant with criminal possession...
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