Judgment unanimously reversed on the law and new trial granted.
Memorandum:
Defendant appeals from a judgment convicting him after a jury trial 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 (Penal Law § 220.16 [1]). We reject defendant's contention that the verdict is against the weight of the evidence. The jury's assessment of the credibility...
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