People v. Salemmo

On August 7, 1972, defendant allegedly arranged to sell narcotics to an undercover police officer. The following day, the transaction was completed and the substance sold was determined to be heroin. Thereupon, defendant was charged in a three-count indictment with criminally selling a dangerous drug in the third degree, criminal possession of a dangerous drug in the fourth degree with intent to sell, and criminal possession of a dangerous drug in the third degree. The trial court submitted each of the three counts to the jury, directing them either to find the defendant guilty of only one of…