Opinion
April 18, 1989
Appeal from the Supreme Court, New York County (Martin Rettinger, J.).
The People concede, and we agree, that the seventh degree possession counts are inclusory concurrent counts of criminal possession of a controlled substance in the third degree. The verdict of guilty on the six counts of criminal possession in the third degree requires a dismissal of the seventh degree possession counts (People v. Nickens, 121 A.D.2d 199, 200; People v. Williams, 67 A.D.2d 265, 268, affd 50 N.Y.2d 996).
Concur — Murphy, P.J., Ross, Milonas, Ellerin and Rubin, JJ.