PEOPLE v. VELEZ


77 A.D.2d 928 (1980)

The People of the State of New York, Respondent, v. Hector Velez, Appellant

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

August 18, 1980


Judgment reversed, on the law, and new trial ordered.

The facts have been considered and are determined to have been established. Prior to summation the trial court denied a defense request for a charge on criminal facilitation (Penal Law, § 115.05) as a lesser included offense of criminal sale of a controlled substance. We find, however, that on the facts of this case, criminal facilitation was a lesser included offense of the sale count (see People v Lewis...

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