Ordered that the judgment is modified, on the law, by vacating the conviction of criminal possession of a controlled substance in the seventh degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court, Queens County (Schulman, J.), providently exercised its discretion in declining to entertain his pro se motion pursuant to CPL...
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