On May 12, 1990, two police officers observed defendant and one John Smith exchange money and vials of cocaine. The evidence at trial, credited by the jury, was that defendant sold eight vials of cocaine to Smith.
Pursuant to this Court's sua sponte request, the parties submitted additional briefs on a discrepancy between the written indictment and the People's proof at trial. The indictment charged the defendant with criminal sale of a controlled substance...
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