People v. Dunbar 59 A.D.2d 622

Appeal by defendant from a judgment of the County Court, Nassau County, rendered June 3, 1976, convicting him of three counts of criminal sale of a controlled substance in the third degree, three counts of criminal possession of a controlled substance in the third degree, and three counts of criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence. Judgment modified, on the law, by reversing the convictions of criminal possession of a controlled substance in the third degree (three counts) and criminal possession of a controlled substance in the seventh degree (three counts), and the sentences imposed thereon, and the said counts are dismissed. As so modified, judgment affirmed. The six counts of criminal possession of a controlled substance are lesser included offenses of the charges of criminal sale of a controlled substance, of which the defendant-appellant was convicted. As such, the possession counts should have been dismissed (see CPL 300.40, subd 3, par [b]). Cohalan, J. P., Rabin, Titone and Hawkins, JJ., concur.