Mercure, J.
Defendant was charged in an indictment with criminal sale of a controlled substance in the fourth degree and unlawful possession of marihuana after an incident in which he offered to sell Vicodin, a narcotic preparation (see Penal Law § 220.00 [8]), to an undercover officer in the City of Binghamton, Broome County. When police officers thereafter approached defendant and asked if he had any illegal contraband, defendant produced a prescription...
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