Defendant's contention that he was deprived of a fair trial by the trial court's failure to submit 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 was waived (CPL 300.50 [1]). Were we to consider this claim, we would find it to be without merit. Defendant has shown no prejudice since the record indicates that the jury, although mistakenly, did in fact deliberate...
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