PEOPLE v. NEGRON


239 A.D.2d 244 (1997)

657 N.Y.S.2d 183

The People of the State of New York, Respondent, v. Juan Negron, Appellant

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

May 15, 1997


The court properly refused to charge the lesser included offense of criminal possession in the seventh degree since there was no reasonable view of the evidence that would permit a finding that defendant committed the lesser but not the greater offense. The observing officer's testimony was integrated and there was no rational basis to reject only that portion which described conduct by defendant unmistakably evincing drug sales (see, People v Scarborough, ...

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