People v. Alvarez

Judgment,Supreme Court, Bronx County, rendered February 26, 1976, convicting defendant after a jury trial of criminal sale of *710a controlled substance in the first degree and criminal possession of a controlled substance in the first degree, unanimously modified, on the law, to dismiss the counts of criminal possession of a controlled substance in the first degree and otherwise affirmed. Defendant, on the facts of this case, could not have committed the criminal possession of a controlled substance in the first degree without also having committed the criminal sale of a controlled substance in…