OPINION OF THE COURT
DAN LAMONT, J.
The one-count sealed indictment, dated and filed February 14, 2001, charges the defendant with criminal sale of a controlled substance in the third degree in violation of Penal Law § 220.39 (1), a class B felony. The charge is that on or about January 10, 2001, at approximately 6:14 P.M., at 188 Colonie
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