Judgment unanimously modified on the law and as modified affirmed and matter remitted to Monroe County Court for resentencing upon counts one and two of the indictment in accordance with the following Memorandum: Defendant appeals from a judgment entered upon a jury verdict convicting him of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]), criminal possession of a controlled substance in the third degree (Penal Law § 220.16 ...
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