OPINION OF THE COURT
W. PATRICK FALVEY, J.
This case, under the facts presented, is one of first impression.
Defendant, Eric J. Yaniak, born February 18, 1984, was charged under sealed indictment dated May 7, 2001, on one count each of the class D felonies of criminal possession of a controlled substance in the fifth degree, in violation of Penal Law § 220.06 (1), and criminal sale of a controlled...
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