Judgment modified, on the law, by reversing the conviction of criminal possession of a controlled substance in the third degree under the fourth count of the indictment, and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment affirmed.
Although the issue was not raised, we note that when a verdict is composed of inclusory concurrent counts, a verdict of guilty on the highest count is deemed a dismissal of every lesser count (CPL...
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