The court's refusal to charge section 1751-a of the Penal Law was error requiring reversal. Section 445 of the Code of Criminal Procedure provides that "the defendant may be found guilty of any crime, the commission of which is necessarily included in that with which he is charged in the indictment." The defendant having been indicted for selling narcotics the jury could have found him not guilty of that charge and guilty of possession of narcotics...
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