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People v. Gamble

Appellate Division of the Supreme Court of New York, Second Department
Apr 6, 1992
182 A.D.2d 638 (N.Y. App. Div. 1992)

Opinion

April 6, 1992

Appeal from the Supreme Court, Queens County (Corrado, J.).


Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reversing the conviction of criminal possession of a controlled substance in the seventh degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

Inasmuch as both the criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree convictions were based upon the defendant's sale and possession of the same packet of cocaine, criminal possession of a controlled substance in the seventh degree was an inclusory concurrent offense, which, under the circumstances, should have been dismissed pursuant to CPL 300.40 (3) (b) (see, People v Velez, 150 A.D.2d 514; People v Simington, 138 A.D.2d 757; People v Williams, 129 A.D.2d 493; People v Holman, 117 A.D.2d 534).

The defendant's allegation that the trial court erred by denying his request for a charge on prior inconsistent statements is without merit. The general credibility instruction given by the court was sufficient (see, People v Pridgen, 171 A.D.2d 763; People v Butts, 139 A.D.2d 660; People v Dellarocco, 115 A.D.2d 904). Thompson, J.P., Harwood, Rosenblatt and Miller, JJ., concur.


Summaries of

People v. Gamble

Appellate Division of the Supreme Court of New York, Second Department
Apr 6, 1992
182 A.D.2d 638 (N.Y. App. Div. 1992)
Case details for

People v. Gamble

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDRE GAMBLE, Appellant

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

Date published: Apr 6, 1992

Citations

182 A.D.2d 638 (N.Y. App. Div. 1992)
582 N.Y.S.2d 37

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