Opinion
December 8, 1988
Appeal from the Supreme Court, New York County (Allen Alpert, J.).
In this case, which involves the sale of a vial of crack to an undercover police officer, the charges of criminal possession of a controlled substance in the third and seventh degrees were predicated upon the same transaction which constituted the sale. As such, defendant correctly argues, and the People agree, that the possession counts, for which defendant received sentences concurrent to that imposed on the sale, should be dismissed. (See, People v Gaul, 63 A.D.2d 563, lv denied 45 N.Y.2d 780; People v McKenzie, 131 A.D.2d 305, 306; CPL 300.30, 300.40 Crim. Proc. [3] [b].)
We have examined defendant's remaining arguments on appeal and find them to be without merit.
Concur — Kupferman, J.P., Sullivan, Ross, Kassal and Rosenberger, JJ.