Judgment unanimously affirmed.
Memorandum:
Defendant was convicted following a jury trial of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]) and criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]). The conviction stems from defendant's sale of cocaine to an undercover police officer on May 2, 1995 in the City of Auburn. Defendant testified at trial that he was acting as agent...
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