People v. Negron

OPINION OF THE COURT

Levine, J.

Defendant appeals, leave having been granted by a Judge of this Court, from an order of the Appellate! Division (239 AD2d 244) which affirmed a judgment of Supreme Court convicting defendant, after a jury trial, of third degree criminal possession of a controlled substance (see, Penal Law § 220.16 [1]) and sentencing him as a second felony offender to an indeterminate prison term of 41/2 to 9 years. At issue is whether, pursuant to CPL 300.50, the trial court properly refused to submit seventh degree criminal possession of a controlled substance to the jury as a…