PEOPLE v. FAULKNER


260 A.D.2d 238 (1999)

689 N.Y.S.2d 41

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUDELL FAULKNER, Also Known as RICKY KING, Appellant.

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

Decided April 15, 1999.


The court properly declined to submit criminal possession of a controlled substance in the seventh degree as a lesser included offense. Viewing the evidence in the light most favorable to defendant, we find no reasonable view of the evidence that would support a conviction of seventh-degree possession but not possession with intent to sell. Defendant's argument is based on speculation and is unsupported by the record (see, People v Scarborough, 49...

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