Opinion
August 6, 1987
Appeal from the Supreme Court, New York County (James J. Leff, J.).
As the People concede, criminal possession of a controlled substance in the seventh degree, as charged in this case, is an inclusory concurrent offense of criminal possession of a controlled substance in the third degree. (CPL 1.20; 300.30 [4].) Thus, the conviction of criminal possession of a controlled substance in the seventh degree must be vacated and the underlying charge dismissed. (CPL 300.40 [b]; People v Holman, 117 A.D.2d 534.)
We have examined defendant's other points and find that they are without merit.
Concur — Murphy, P.J., Sullivan, Asch, Rosenberger and Wallach, JJ.