PEOPLE v. LARA


77 A.D.2d 517 (1980)

The People of the State of New York, Respondent, v. Pablo Lara, Appellant

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

July 10, 1980


Modified, on the law and the facts, to vacate and dismiss the conviction of possession of a controlled substance under the third count of the indictment, and otherwise affirmed.

While the trial court properly instructed the jury not to consider the third count, possession, included under the more serious first count of sale, if they did convict of the more serious count, and while the jury, convicting of the first count, rendered no verdict on the third, the clerk...

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