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PEOPLE v. BUCCI

70 A.D.2d 599 (1979)

The People of the State of New York, Respondent v. Henry Bucci, Appellant

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

May 7, 1979

Judgment modified, on the law, by reversing the conviction of criminal possession of a controlled substance in the third degree, and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment affirmed.

The possession count is an inclusory concurrent count of that charging criminal sale in the second degree and the judgment should be modified by dismissing the former count (see People v Eason...

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