Judgment unanimously reversed on the law and indictment dismissed.
Memorandum:
Defendant was charged with criminal sale of a controlled substance in the first degree and conspiracy in the second degree, based on an attempted controlled buy of two or more ounces of cocaine by an undercover officer. At trial, the officer testified that, when he asked a codefendant whether he had "the stuff", the codefendant held up a bag that appeared to be a "white powder substance...
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