Opinion
March 10, 1994
Appeal from the Supreme Court, New York County (Mary McGowan Davis, J.).
Since there was no indication that defendant, who was aided by counsel and a court interpreter, lacked understanding of the consequences of his duly executed waiver of jury trial (CPL 320.10), no colloquy between the court and defendant was required (People v. Dominy, 116 A.D.2d 851, 852, lv denied 67 N.Y.2d 942), although we deem same to be more appropriate.
As the People concede, although the possession counts are not lesser included offenses of the sale count, they should be dismissed in the interest of justice since possession of the same cocaine formed the basis of the sale count (People v. Velasquez, 153 A.D.2d 810, 811, lv denied 75 N.Y.2d 819).
Concur — Rosenberger, J.P., Ross, Asch, Rubin and Tom, JJ.