Defendant's conviction is based on the sale of marihuana to one Daniel Linzer, then 14 years of age, at Morris, New York, on October 13, 1978. On this appeal he raises a number of issues related to the sufficiency of the evidence and the failure of the court to charge criminal sale of marihuana in the fifth degree as a lesser included offense. A review of the record discloses that there was proof well beyond a reasonable doubt of defendant's sale of marihuana as alleged in...
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