Defendant was initially indicted by a Grand Jury on three counts of the crime of criminal sale of a controlled substance in the third degree, a class B felony (hereinafter the initial three counts); this indictment was dismissed without prejudice for failure to inform defendant of his right to testify before the Grand Jury (CPL 190.50 [5] [a]). Subsequently, defendant was reindicted on five counts of the crime of criminal sale of a controlled...
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