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PEOPLE v. ALVAREZ

66 A.D.2d 709 (1978)

The People of the State of New York, Respondent, v. Leonard Alvarez, Appellant

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

December 19, 1978

Defendant, on the facts of this case, could not have committed the criminal possession of a controlled substance in the first degree without also having committed the criminal sale of a controlled substance in the first degree, the counts being inclusory and concurrent (CPL 300.30, subd 4; People v Rivers, 59 A.D.2d 847). Where the verdict is comprised of inclusory, concurrent counts, a...

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