¶1Judgment unanimously affirmed. Memorandum: With respect to the claim that the trial court erred in failing to charge the jury that it could find defendant guilty of possession of narcotics as a lesser included crime under the charge of selling narcotics, see opinion in People v. Poole (31 A D 2d 89, [Appeal No. 2] decided concurrently herewith). (Appeal from judgment of Erie County Court convicting defendant of violation of Penal Law, § 1751, subd. 1.) Present—Goldman, J. P., Del Veeehio, Marsh, Witmer and Henry, JJ.
31 A.D.2d 733
People v. Poole
Appellate Division of the Supreme Court of the State of New York
Decided December 12, 1968
Appellate Division of the Supreme Court of the State of New York · decided 1968-12-12
Decided 1968-12-12