People v. Carr

Appeal from a judgment of the County Court, Otsego County, rendered November 4, 1974, upon a verdict convicting the defendant of the crime of criminal sale of a controlled substance in the fifth degree. We find no reversible error present in the instant record and the judgment should, therefore, be affirmed. There is no merit in the contention that the trial court should have granted defendant’s request to a charge of possession seventh degree as a lesser included offense pursuant to CPL 300.50 (subds 1, 2). Under these subdivisions the trial court must, in addition to submitting the offense…