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PEOPLE v. ELMORE

611 KA 17-01510.

195 A.D.3d 1575 (2021)

145 N.Y.S.3d 913

2021 NY Slip Op 03969

The People of the State of New York, Respondent, v. Ishmeal Elmore, Appellant.

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

Decided June 17, 2021.

Attorney(s) appearing for the Case

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE ( CHRISTINE M. COOK OF COUNSEL), FOR DEFENDANT-APPELLANT.

WILLIAM J. FITZPATRICK , DISTRICT ATTORNEY, SYRACUSE ( DARIENN P. BALIN OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Smith, Peradotto, Curran and DeJoseph, JJ.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06[5]). Contrary to defendant's contention, we conclude that County Court properly denied his request to charge criminal possession of a controlled substance in the seventh degree (§ 220.03) as a lesser included...

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