The indictment charged defendant with criminal possession of a controlled substance in the third degree, under Penal Law § 220.16(1), which requires proof that the defendant "knowingly and unlawfully possesse[d] ... a narcotic drug with intent to sell it." The indictment also contained two other lesser counts that are not at issue in this appeal. Defendant pleaded guilty to third-degree criminal possession of a controlled substance under Penal Law § 220.16(12),...
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