People v. Terrell (55 A.D.2d 630, 1976)

? by defendant from a judgment of the Supreme Court, Kings County, rendered March 21, 1974, convicting him of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree, criminal possession of a controlled substance in the seventh degree and criminally possessing a hypodermic instrument, 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 and seventh degrees, and the sentences imposed thereon, and the said counts are dismissed. As so modified, judgment affirmed. Defendant correctly contends, and the People concede, that the two counts charging possession of a controlled substance are inclusory concurrent counts, as defined by CPL 300.30 (subd 4), of criminal sale of a controlled substance in the third degree and, as such, should have been dismissed upon defendant’s conviction of the latter crime (see CPL 300.40, subd 3, par [b]; People v Lee, 39 NY2d 388). We have considered defendant’s other contentions and find them to be without merit. Rabin, Acting P. J., Shapiro, Titone and Suozzi, JJ., concur.