PEOPLE v. LEE


63 A.D.2d 572 (1978)

The People of the State of New York, Respondent, v. James Melvin Lee, Appellant

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

May 4, 1978


Unanimously modified, as a matter of discretion in the interest of justice, to vacate the latter portion of the judgment (fifth degree) and to dismiss that count of the indictment which specifies the same, and otherwise affirmed.

There were two separate possessions of contraband charged in this case, the more serious addressed to the bag defendant was carrying, the lesser to what was found on his person. Though the latter was therefore not included in the former,...

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