Opinion
October 13, 1998
Appeal from the Supreme Court, New York County (Budd Goodman, J.).
The trial court properly declined to submit criminal possession of a controlled substance in the seventh degree as a lesser included offense because there was no reasonable view of the evidence that defendant possessed the additional glassine envelopes of heroin without intent to sell them ( see, People v. Gray, 232 A.D.2d 179, lv denied 89 N.Y.2d 1093).
The motion court correctly denied defendant's motion to suppress without a hearing where defendant's moving papers failed to allege a factual dispute regarding the legality of the police officer's conduct ( see, People v. Mendoza, 82 N.Y.2d 415).
We have considered and rejected defendant's challenges to the court's supplemental jury instructions.
Concur — Lerner, P.J., Sullivan, Mazzarelli, Andrias and Saxe, JJ.