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People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Nov 8, 1993
198 A.D.2d 291 (N.Y. App. Div. 1993)

Opinion

November 8, 1993

Appeal from the Supreme Court, Westchester County (Rosato, J.).


Ordered that the judgment is modified, on the law, by reversing the defendant's conviction of criminal possession of a controlled substance in the seventh degree (two counts), vacating the sentence imposed thereon, and dismissing those counts of the indictment; as so modified, the judgment is affirmed.

Inasmuch as the convictions for criminal possession of a controlled substance in the third degree (two counts) and criminal possession of a controlled substance in the seventh degree (two counts) were based on the possession of the same vials of crack cocaine, the latter charge constitutes an inclusory concurrent count of the former. Accordingly, the conviction of criminal possession of a controlled substance in the seventh degree (two counts) should be reversed and those counts dismissed (see, CPL 300.40 [b]; People v Wilson, 162 A.D.2d 747; People v McBee, 143 A.D.2d 773, 775).

We have considered the defendant's remaining contentions and find them to be without merit. Bracken, J.P., Rosenblatt, Copertino and Pizzuto, JJ., concur.


Summaries of

People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Nov 8, 1993
198 A.D.2d 291 (N.Y. App. Div. 1993)
Case details for

People v. Brown

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEFORD A. BROWN…

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

Date published: Nov 8, 1993

Citations

198 A.D.2d 291 (N.Y. App. Div. 1993)
603 N.Y.S.2d 565

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