People v. Sirmons

Judgment unanimously affirmed. Memorandum: On September 13, 1995, *884defendant was indicted on two counts of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]) and two counts of criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]), based on his alleged sale of cocaine to undercover police officers at 6:45 p.m. and 8:20 p.m. on January 3, 1995. On September 27, 1995, defendant was indicted on one count of criminal sale of a controlled substance in the third degree and one count of criminal possession of a controlled substance…