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PEOPLE v. TORRES

300 A.D.2d 221 (2002)

751 N.Y.S.2d 363

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN TORRES, Appellant.

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

Decided December 31, 2002.

Although criminal sale of a controlled substance in the fourth degree is not a lesser included offense of either criminal sale of a controlled substance in or near school grounds or criminal sale of a controlled substance in the third degree, the crimes for which defendant was indicted, defendant waived that objection by specifically requesting the submission of fourth-degree sale (People v Ford, 62 N.Y.2d 275; People v Shaffer...

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