We conclude from our review of the record and the charges contained in the indictment that defendant could not have been found guilty of the sales without concomitantly finding possession of a controlled substance with intent to sell. Clearly criminal possession of a controlled substance in the seventh degree (simple possession) was an inclusory concurrent offense. Accordingly, the sixth count of the indictment should have been dismissed by the trial court as required by...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.