PEOPLE v. SCARBOROUGH


49 N.Y.2d 364 (1980)

The People of the State of New York, Respondent, v. Cynthia Scarborough, Appellant. The People of the State of New York, Respondent, v. Calvin Codrington, Appellant.

Court of Appeals of the State of New York.

Decided February 12, 1980.


Attorney(s) appearing for the Case

Nancy S. Hobbs and William E. Hellerstein for Cynthia Scarborough, appellant.

Julia Pamela Heit for Calvin Codrington, appellant.

Robert M. Morgenthau, District Attorney (Joyce P. Adolfsen and Robert M. Pitler of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and MEYER concur.


JONES, J.

These appeals, arising out of a narcotics transaction, require us to determine whether the trial court erred in refusing defendants' request to submit counts of possession of a controlled substance as lesser included offenses of the charge of criminal sale. We conclude that no such submission was required when no rational basis appears in the record for rejection by the jury of that portion of the undercover...

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