People v. Vega

144 A.D.2d 286, 534 N.Y.S.2d 861, 1988 N.Y. App. Div. LEXIS 11248

Opinion

Judgment of the Supreme Court, New York County (Howard E. Bell, J.), rendered May 14, 1986, which convicted defendant Roberto Vega, after a jury trial, of criminal sale of a controlled substance in the third degree (Penal Law §220.39 [1]), criminal possession of a controlled substance in the third degree (Penal Law §220.16 [1]), and criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03), and sentenced him to concurrent indeterminate terms of from 4*A to 9 years on the first two counts and a definite one-year term on the last count, unanimously modified, on the law, to dismiss the charge of criminal possession of a controlled substance in the seventh degree and, except as so modified, affirmed.

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 [3] M).

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.