People v. Smith
Opinion of the Court
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered June 27, 2001, convicting him of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence. Justice Townes has been substituted for the late Justice O’Brien (see 22 NYCRR 670.1 [c]).
Ordered that the judgment is modified, on the law, by vacating the conviction of criminal possession of a controlled substance in the seventh degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
However, as the People correctly concede, the defendant’s conviction of criminal possession of a controlled substance in the seventh degree must be vacated because that count is a lesser-included offense of criminal possession of a controlled substance in the third degree.
The defendant’s remaining contentions are without merit. Ritter, J.P., Feuerstein, Luciano and Townes, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.