Graffeo, J.
Defendant was indicted for two counts of criminal sale of a controlled substance in the third degree stemming from two separate incidents which occurred on October 10, 1997 and October 15, 1997. Following a jury trial, defendant was found guilty as charged in connection with the October 15, 1997 sale but was acquitted of the count pertaining to the October 10, 1997 incident. He was thereafter sentenced as a second felony offender to an indeterminate term...
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