STEIN, J.
Defendant was indicted on one count of criminal possession of a controlled substance in the fourth degree (hereinafter the first indictment) based upon his possession of cocaine on December 2, 2005. He was subsequently indicted on two counts of criminal sale of a controlled substance in the third degree (hereinafter the second indictment) arising out of his sale of cocaine on January 16, 2006. Defendant was convicted of all charges after two separate jury...
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