Opinion
September 26, 1989
Appeal from the Supreme Court, New York County (Eugene Nardelli, J.).
As the People concede, and as we noted in deciding the prior appeal of defendant's codefendant, 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. Perez, 139 A.D.2d 460).
We have examined the other points raised and find them to be without merit.
Concur — Murphy, P.J., Kassal, Rosenberger, Ellerin and Rubin, JJ.