Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: Defendant appeals from a judgment convicting him of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]) and criminal possession of a controlled substance in the third degree (two counts) (Penal Law § 220.16 [1]), for which he was sentenced to concurrent indeterminate terms of incarceration of 3 to 9 years. We reject defendant...
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