OPINION OF THE COURT Memorandum. The order of the Appellate Division should be reversed, and a new trial ordered. Defendant was charged with criminal possession of a controlled substance in the third and fourth degrees (Penal Law, § 220.16, subd 1; § 220.09, subd 1), and tried jointly with a codefendant before a jury. On the second day of trial, the People presented six witnesses and rested, the co…
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