Judgment unanimously modified by dismissing the conviction for criminal possession in the sixth degree under count one of the indictment and, as so modified, affirmed. Simons, J., not participating.
Memorandum:
The crime of criminal possession of a controlled substance in the sixth degree was a lesser included offense of criminal sale in the fifth degree and the verdict of guilty on the latter count is deemed a dismissal of the former (CPL 300.40, subd 3,...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
