People v. Mitchell

—Judgment unanimously modified as a matter of discretion in the interest of justice and as modified affirmed in accordance with the following Memorandum: Defendant appeals from a judgment convicting him of two counts of criminal sale of a controlled substance in the third degree and one count each of criminal possession of a controlled substance in the fifth and seventh degrees, arising from the sale of cocaine to an undercover officer on two separate occasions. Defendant failed to preserve for our review his contention that the People failed to present legally sufficient evidence of his…