People v. Vega

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERTO VEGA, Appellant

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

Date published: Nov 17, 1988

144 A.D.2d 286 (N.Y. App. Div. 1988)

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.