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PEOPLE v. FRIENDLY

27 A.D.3d 268 (2006)

813 N.Y.S.2d 48

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CAESAR FRIENDLY, Appellant.

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

March 9, 2006.

The court properly declined to submit criminal possession of a controlled substance in the seventh degree as a lesser included offense since there was no reasonable view of the evidence, viewed most favorably to defendant, that he committed the lesser offense but not the greater (People v Negron, 91 N.Y.2d 788 [1998]). Both of the police witnesses testified unequivocally that defendant...

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