People v. Alston

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Leach, J.), rendered May 7, 1996, convicting him of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by vacating the conviction of criminal possession of a controlled substance in the seventh degree and the sentence imposed *405thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

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