Opinion
October 30, 1997
Appeal from Family Court, New York County (Leah Marks, J.).
The petition was legally sufficient. The supporting deposition by an undercover officer was identical to the one upheld by this Court in Matter of Jayson P. ( 243 A.D.2d 266).
As the presentment agency correctly concedes, the fifth-degree sale and possession counts should be dismissed as lesser included offenses.
Concur — Murphy, P.J., Rosenberger, Ellerin, Rubin and Tom, JJ.