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PEOPLE v. VELASQUEZ

153 A.D.2d 810 (1989)

The People of the State of New York, Respondent, v. Luis-Armando Velasquez, Appellant

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

September 26, 1989

As the People concede, and as we noted in deciding the prior appeal of defendant's codefendant, although the possession counts are not lesser included offenses of the sale count, they should be dismissed in the interest of justice since possession of the same cocaine formed the basis of the sale count (People v Perez, 139 A.D.2d 460).

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