Opinion
December 12, 1968
Appeal from the Erie County Court.
Present — Goldman, J.P., Del Vecchio, Marsh, Witmer and Henry, JJ.
Judgment unanimously affirmed. Memorandum: With respect to the claim that the trial court erred in failing to charge the jury that it could find defendant guilty of possession of narcotics as a lesser included crime under the charge of selling narcotics, see opinion in People v. Poole ( 31 A.D.2d 89, [Appeal No. 2] decided concurrently herewith).