Appellate Division of the Supreme Court of New York, 1985

People v. Mendoza

Appellate Division of the Supreme Court of New York · Decided April 23, 1985

110 A.D.2d 570; 489 N.Y.S.2d 448; 1985 N.Y. App. Div. LEXIS 48482

Opinion of the Court

*571Defendant was convicted of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third and seventh degrees. However, as the People concede, criminal possession in the seventh degree is a lesser inclusory offense which, under the circumstances herein, should have been dismissed pursuant to CPL 300.40 (3) (b). (See, People v Evans, 70 AD2d 816.) Concur. — Murphy, P. J., Ross, Lynch and Milonas, JJ.

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