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PEOPLE v. GUZMAN

59 A.D.2d 681 (1977)

The People of the State of New York, Respondent, v. Nestor Guzman, Appellant

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

October 25, 1977

Unanimously modified, on the law, to the extent of reversing the convictions on the two counts of criminal possession of a dangerous drug and dismissing those counts of the indictment and, as so modified, the judgment is affirmed.

The dismissed counts of the indictment are, under these facts, inclusory concurrent counts of criminal sale of a dangerous drug (CPL 300.30, subd 4) and accordingly, must be dismissed (CPL 300.40, subd 3, par [b]; People v Santiago

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