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People v. Brigantti

Appellate Division of the Supreme Court of New York, First Department
Feb 18, 1988
137 A.D.2d 445 (N.Y. App. Div. 1988)

Opinion

February 18, 1988

Appeal from the Supreme Court, Bronx County (Martin B. Klein, J.).


Under the facts herein, criminal possession of a controlled substance in the seventh degree was an inclusory concurrent count of criminal possession of a controlled substance in the third degree. Therefore, as the People concede, it should have been dismissed pursuant to CPL 300.40 (3) (b) (see, People v Holman, 117 A.D.2d 534).

We have examined the other contentions raised by defendant and find them to be without merit.

Concur — Sandler, J.P., Ross, Asch, Milonas and Rosenberger, JJ.


Summaries of

People v. Brigantti

Appellate Division of the Supreme Court of New York, First Department
Feb 18, 1988
137 A.D.2d 445 (N.Y. App. Div. 1988)
Case details for

People v. Brigantti

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HENRY BRIGANTTI…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 18, 1988

Citations

137 A.D.2d 445 (N.Y. App. Div. 1988)