Ordered that the judgment is reversed, on the law, and a new trial is ordered.
The defendant was charged, inter alia, with criminal possession of a controlled substance in the fourth degree, in that he possessed one eighth of an ounce or more of a substance containing cocaine (see Penal Law § 220.09 [1]). At the trial, he acknowledged that he did in fact possess five bags containing cocaine, which were found on his person and which had an aggregate weight...
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