PEOPLE v. VICTORIO


133 A.D.2d 1 (1987)

The People of the State of New York, Respondent, v. Jorge Victorio, Appellant

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

August 6, 1987


As the People concede, criminal possession of a controlled substance in the seventh degree, as charged in this case, is an inclusory concurrent offense of criminal possession of a controlled substance in the third degree. (CPL 1.20 [37]; 300.30 [4].) Thus, the conviction of criminal possession of a controlled substance in the seventh degree must be vacated and the underlying charge dismissed. (CPL 300.40 [3] [b]; People v Holman...

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