Opinion
November 17, 1988
Appeal from the Supreme Court, New York County (Howard E. Bell, J.).
The parties agree that the charge of criminal possession of a controlled substance in the seventh degree was an inclusory concurrent count and that it should have been dismissed in light of defendant's conviction of criminal possession of a controlled substance in the third degree (see, CPL 300.40 [b]).
The other points raised on the appeal have been considered and found to be without merit.
Concur — Murphy, P.J., Ross, Asch, Rosenberger and Smith, JJ.