Opinion
5551.
March 8, 2005.
Judgment, Supreme Court, New York County (William Leibovitz, J.), rendered April 2, 2001, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.
Before: Tom, J.P., Saxe, Ellerin, Nardelli and Sweeny, JJ.
The court properly declined to charge criminal possession of a controlled substance in the seventh degree as a lesser included offense. Given the large quantity of drugs possessed by defendant, their packaging, and the police observation of defendant making what appeared to be a sale immediately prior to his arrest, there was no reasonable view of the evidence to support a finding that defendant's possession was without intent to sell ( see People v. Scarborough, 49 NY2d 364; People v. Henry, 272 AD2d 238, lv denied 95 NY2d 890).