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PEOPLE v. RUIZ

223 A.D.2d 418 (1996)

636 N.Y.S.2d 770

The People of the State of New York, Respondent, v. David Ruiz, Appellant

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

January 18, 1996

As the People concede, the court erred in declining to submit criminal possession of a controlled substance in the seventh degree as a lesser included offense of the criminal possession of a controlled substance in the third degree count. However, the error was harmless (see, People v Jackson, 166 A.D.2d 356, lv denied 77 N.Y.2d 839). In its consideration of the sale count...

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