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PEOPLE v. JOHNSON

45 N.Y.2d 546 (1978)

The People of the State of New York, Respondent, v. William Johnson, Appellant.

Court of Appeals of the State of New York.

Decided November 2, 1978.

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender (William E. Hasenauer of counsel), for appellant.

Lawrence T. Kurlander, District Attorney (Stephen M. Brent and Sharon P. Stiller of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.

COOKE, J.

William Johnson was convicted, after a jury trial, of criminal sale of a controlled substance in the third degree (Penal Law, § 220.39). The conviction was affirmed, without opinion, by the Appellate Division (55 A.D.2d 858). On this appeal, defendant contends that the trial court erred in refusing to submit to the jury, following a proper request, the lesser included offense of criminal possession...

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