Judgment modified, on the law, by reversing the convictions of criminal possession of a dangerous drug in the fourth and sixth degrees, and the sentences imposed thereon, and the said counts are dismissed. As so modified, judgment affirmed.
Under the facts of this case, criminal possession of a dangerous drug in the fourth and sixth degrees are lesser included offenses of criminal sale of a dangerous drug in the third degree (see CPL 300.40, subd 3, par [b]; People...
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