Judgment unanimously modified on the law and as modified affirmed and matter remitted to Niagara County Court for resentencing in accordance with the following Memorandum: Defendant pleaded guilty on April 18, 1991, to one count of criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06) and one count of criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03) in full satisfaction of two indictments charging...
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