Ordered that the judgment, as amended, is modified, on the law, by reversing the convictions of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and vacating the sentences imposed thereon; as so modified, the judgment, as amended, is affirmed, and a new trial is ordered on those counts.
At trial, the defendant presented an agency defense with respect to the counts in the indictment charging...
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