OPINION OF THE COURT
DEBORAH KAPLAN, J.
The defendant stands charged with criminal sale of marijuana in the fourth degree (Penal Law § 221.40) and criminal possession of marijuana in the fifth degree (Penal Law § 221.10 [2]). The information alleges that, at approximately 2:10 P.M. in front of 75 Post Avenue in New York County, an undercover
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