Defendant was charged in an indictment with criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree. He waived his right to a jury trial, was found guilty of criminal sale of a controlled substance in the fifth degree and was sentenced as a second felony offender to 2 to 4 years in prison. Defendant appeals.
Defendant asserts that County Court improperly sentenced him as a second felony offender...
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