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PEOPLE v. SCOTT

221 A.D.2d 230 (1995)

633 N.Y.S.2d 957

The People of the State of New York, Respondent, v. Wayne Scott, Appellant

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

November 16, 1995

The trial court properly denied defendant's request to charge criminal possession of a controlled substance in the seventh degree as a lesser included offense of criminal possession of a controlled substance in the third degree since, based on the evidence developed at trial, the jury could not have rationally concluded that defendant possessed the drugs without intent to sell (People v Hernandez 215 A.D.2d 179

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