People v. Everett

Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: Defendant appeals from a judgment convicting him of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]) and criminal possession of a controlled substance in the third degree (two counts) (Penal Law § 220.16 [1]), for which he was sentenced to concurrent indeterminate terms of incarceration of 3 to 9 years. We reject defendant’s contention that counts two and three of the indictment must be dismissed because the trial proof made out three distinct acts…