Crew III, J.
Defendant was indicted and charged with two counts of criminal sale of a controlled substance in the third degree and two counts of criminal possession of a controlled substance in the third degree. Defendant was tried in January 2004, which trial culminated with a hung jury and declaration of a mistrial. Defendant was retried in May 2004, at which time the confidential informant, who testified at the first trial, was determined to be unavailable pursuant...
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