Appellate Division of the Supreme Court of the State of New York October 18, 2007 (People v. Folk)

Carpinello, J.

Appeal from a judgment of the Supreme Court (Lamont, J.), rendered September 30, 2005 in Albany County, upon a verdict convicting defendant of the crimes of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree, criminal possession of a controlled substance in the fourth degree, criminally using drug