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PEOPLE v. SULLIVAN

265 A.D.2d 241 (1999)

697 N.Y.S.2d 592

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRIAN SULLIVAN, Appellant.

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

Decided October 26, 1999.

The trial court properly refused defendant's request to charge on 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, because no reasonable view of the evidence would permit a finding of possession without the intent to sell (see, People v Negron, 91 N.Y.2d 788; People...

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