Ordered that the judgment is modified, on the law and the facts, by vacating the convictions of criminal sale of a controlled substance in the third degree under count three of the indictment and criminal possession of a controlled substance in the seventh degree, as charged as a lesser included offense under count four of the indictment, vacating the sentences imposed thereon, and dismissing counts three and four of the indictment, with leave to the People, if they be so...
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