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People v. Perez

Appellate Division of the Supreme Court of New York, First Department
Jan 7, 1988
136 A.D.2d 467 (N.Y. App. Div. 1988)

Opinion

January 7, 1988


Judgment of the Supreme Court, New York County (Edward McLaughlin, J.), rendered on March 27, 1986, which convicted defendant, following a jury trial, of criminal sale of a controlled substance in the fifth degree, criminal possession of a controlled substance in the fifth degree and criminal possession of a controlled substance in the seventh degree and sentenced him, as a predicate felon, to two concurrent indeterminate terms of imprisonment of from 2 to 4 years to run concurrently with a determinate term of 1 year, is unanimously modified, on the law, to the extent of reversing the conviction for criminal possession of a controlled substance in the seventh degree, vacating the sentence thereon, and otherwise affirmed. Defendant correctly asserts, and the People agree, that the offense of criminal possession of a controlled substance in the seventh degree is an inclusory concurrent offense of the crime of criminal possession of a controlled substance in the fifth degree, and, therefore, his conviction on the former count must be reversed (see, CPL 300.40 [b]; People v Holman, 117 A.D.2d 534). We have considered defendant's other contentions and find them to be without merit.

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


Summaries of

People v. Perez

Appellate Division of the Supreme Court of New York, First Department
Jan 7, 1988
136 A.D.2d 467 (N.Y. App. Div. 1988)
Case details for

People v. Perez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE PEREZ, Appellant

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

Date published: Jan 7, 1988

Citations

136 A.D.2d 467 (N.Y. App. Div. 1988)