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PEOPLE v. HARLEY

56 A.D.2d 660 (1977)

The People of the State of New York, Respondent, v. Booker Harley, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 28, 1977

Judgment modified, on the law, by reversing the convictions of criminal possession of a controlled substance in the third and fifth degrees, and the sentences imposed thereon, and the said counts are dismissed. As so modified, judgment affirmed.

The two possession counts are lesser included offenses of the count of sale of a controlled substance in the second degree. Upon conviction of the latter count, the two possession counts should have been dismissed (see

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