PEOPLE v. BRIGANTTI


137 A.D.2d 445 (1988)

The People of the State of New York, Respondent, v. Henry Brigantti, Appellant

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

February 18, 1988


Under the facts herein, criminal possession of a controlled substance in the seventh degree was an inclusory concurrent count of criminal possession of a controlled substance in the third degree. Therefore, as the People concede, it should have been dismissed pursuant to CPL 300.40 (3) (b) (see, People v Holman, 117 A.D.2d 534).

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