People v. Frazier

—Order of the Supreme Court, Bronx County (John P. Collins, J.), entered February 28, 1994, to the extent that it granted defendant’s motion to reduce count four of the indictment, charging criminal possession of a controlled substance in the fourth degree, to criminal possession of a controlled substance in the seventh *359degree, unanimously reversed, on the law, the indictment reinstated, and the matter remitted to Supreme Court for further proceedings pursuant to CPL 470.45.

Defendant was charged with criminal sale of a controlled substance in the third degree, criminal possession of a…