Defendant could not have committed the crime of criminal sale of a controlled substance in the third degree without also having committed the crime of criminal possession in the seventh degree, as the People concede. Where the verdict is comprised of inclusory concurrent counts, a verdict of guilty on the greatest count is deemed a dismissal of the lesser count (CPL 300.40, subd 3, par [b]; People v Grier,
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PEOPLE v. CRUZADO
65 A.D.2d 695 (1978)
The People of the State of New York, Respondent, v. Joseph Cruzado, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
November 9, 1978
November 9, 1978
Appellate Division of the Supreme Court of the State of New York, First Department.
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