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.