PEOPLE v. JOHNSON


289 A.D.2d 1024 (2001)

735 N.Y.S.2d 451

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARL JOHNSON, Appellant.

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

Decided December 21, 2001.


Judgment unanimously affirmed.

Memorandum:

Defendant contends that the jury may have convicted him of unindicted offenses of criminal sale and criminal possession of a controlled substance in the third degree, requiring reversal. The evidence established only one sale of cocaine and thus only one instance of possession of cocaine, and we therefore conclude that there is no danger that defendant was convicted of unindicted offenses (cf., People v McNab,...

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