People v. Forgione

*692OPINION OF THE COURT

Dan Lamont, J.

The indictment charges the defendant Anthony Forgione with three counts of criminal sale of a controlled substance in the fifth degree. The first and second counts allege that on or about September 25, 2005, at 16 Cataract Street, City of Cohoes, Albany County, the defendant Anthony Forgione did knowingly and unlawfully sell the controlled substances oxymetholone and testosterone to Arthur C., there being no legitimate medical need for such drugs. The third count alleges that on or about December 20, 2005, at 16 Cataract Street, City of Cohoes, Albany County,…