It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him after a nonjury trial of criminal sale of a controlled substance in the third degree (Penal Law §§ 20.00, 220.39 [1]) and criminal possession of a controlled substance in the third degree (§§ 20.00, 220.16 [1]), and sentencing him as a second felony offender to concurrent terms...
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