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PEOPLE v. HENRY

272 A.D.2d 238 (2000)

708 N.Y.S.2d 382

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. YUSEF HENRY, Appellant.

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

Decided May 25, 2000.

The court properly declined to submit criminal possession of a controlled substance in the seventh degree as a lesser included count of third-degree possession. Viewing the evidence most favorably to defendant, there was no reasonable view that he possessed the drugs without an intent to sell them (see, People v Scarborough, 49 N.Y.2d 364, 369-370; see also, People v Alvino,

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