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PEOPLE v. THURMAN

179 A.D.2d 382 (1992)

The People of the State of New York, Respondent, v. Johnny Thurman, Appellant

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

January 9, 1992

Defendant's contention that the trial court should have charged the lesser included offense of criminal possession of a controlled substance in the seventh degree is without merit. Fourth degree possession requires the possession of one-eighth ounce or more of a narcotic drug (Penal Law § 220.09 [1]). Testimony of the police chemist established that defendant, who at the time of his arrest had in his possession 161 vials of...

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