Opinion
February 4, 1991
Appeal from the Supreme Court, Queens County (Naro, J.).
Ordered that the judgment is affirmed.
The trial court correctly denied the defendant's request to charge criminal possession of a controlled substance in the seventh degree as a lesser-included offense of criminal possession of a controlled substance in the third degree. Although criminal possession of a controlled substance in the seventh degree is a lesser-included offense of criminal possession of a controlled substance in the third degree within the meaning of CPL 1.20 (37) (see, People v Perez, 154 A.D.2d 406), we find no reasonable view of the evidence which would support a finding that the defendant committed the lesser offense and not the greater (see, People v Glover, 57 N.Y.2d 61; People v Green, 56 N.Y.2d 427). There was no evidence produced at trial which indicated that the defendant possessed the 37 vials of crackcocaine which were recovered for personal use. Kunzeman, J.P., Kooper, Eiber and O'Brien, JJ., concur.