Opinion
April 10, 2001.
Judgment, Supreme Court, New York County (Marcy Kahn, J.), rendered March 10, 1998, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the first and third degrees and criminal use of drug paraphernalia in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 15 years to life, 4/12; to 9 years and 1 year, unanimously affirmed.
Christopher Sanders, for Respondent
Elon Harpaz, for Defendant-Appellant
Sullivan, P.J., Williams, Andrias, Rubin, Friedman, JJ.
The court properly refused to submit to the jury the lesser included offense of criminal possession of a controlled substance in the seventh degree, the only such offense requested by defendant, since there was no reasonable view of the evidence to warrant such a submission (see, People v. Scarborough, 49 N.Y.2d 364). Moreover, the jury's verdict on the paraphernalia count establishes that it rejected the factual theory under which defendant sought submission of seventh-degree possession (see,People v. Ruiz, 223 A.D.2d 418, lv denied 88 N.Y.2d 853).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.