It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of one count of criminal sale of a controlled substance in the third degree (Penal Law § 220.39[1]) and two counts of criminal possession of a controlled substance in the third degree (§ 220.16[1]). Contrary to his contention and the People's incorrect concession (see People v Berrios,
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