People v. Poole — 31 A.D.2d 733

Majority

p. 733

The People of the State of New York, Respondent, v. Lonnie Poole, Appellant.

(No. 1.)

Judgment unanimously affirmed. Memorandum: With respect to the claim that the trial court erred in failing to charge the jury that it could find defendant guilty of possession of narcotics as a lesser included crime under the charge of selling narcotics, see opinion in People v. Poole ( 31 A D 2d 89 , [Appeal No. 2] decided concurrently herewith). (Appeal from judgment of Erie County Court convicting defendant of violation of Penal Law, § 1751, subd. 1.) Present—Goldman, J. P., Del Veeehio, Marsh, Witmer and Henry, JJ.

Cases cited

People v. Poole 31 A D 2d 89 N.Y. App. Div. 1968-12-12 p. 733