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PEOPLE v. MIRANDA

151 A.D.2d 321 (1989)

The People of the State of New York, Respondent, v. Rafael Miranda, Appellant

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

June 15, 1989

Defendant's convictions resulted from his arrest for a single sale of two glassine envelopes, which contained heroin, to an undercover police officer for $30.

Although we have repeatedly held that the possession charge is not a lesser included offense of the sale charge (People v Perez, 139 A.D.2d 460, 461 [1st Dept 1988]; People v Harrison, 136 A.D.2d 469, 470 [1st Dept 1988]),...

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