Ordered that the judgment is modified, on the law, by reversing the conviction for criminal possession of a controlled substance in the seventh degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
Criminal possession of a controlled substance in the seventh degree is an inclusory concurrent count that should have been dismissed pursuant to CPL 300.40 (3) (b) as a lesser included offense...
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