People v. Wallace

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Naro, J.), rendered April 19, 1989, convicting him of criminal possession

Ordered that the judgment is affirmed.

The trial court correctly denied the defendant’s request to charge criminal possession of a controlled substance in the seventh degree as a lesser-included offense of criminal possession of a controlled substance in the third degree. Although criminal possession of a controlled substance in the seventh degree is a lesser-included offense of criminal possession of a controlled substance in the third degree within the meaning of CPL 1.20 (37) (see, People v Perez, 154 AD2d 406 ), we find no reasonable view of the evidence which would support a finding that the defendant committed the lesser offense and not the greater (see, People v Glover, 57 NY2d 61 ; People v Green, 56 NY2d 427 ). There was no evidence produced at trial which indicated that the defendant possessed the 37 vials of crack-cocaine which were recovered for personal use. Kunzeman, J. P., Kooper, Eiber and O’Brien, JJ., concur.