It is hereby ordered that the judgment so appealed from is unanimously modified on the law by reversing that part convicting defendant of criminally using drug paraphernalia in the second degree under count three of the indictment and dismissing that count of the indictment and as modified the judgment is affirmed.
Memorandum:
Defendant appeals from a judgment convicting him upon a jury verdict of two counts each of criminal possession of a controlled substance...
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