People v. Poole

On this appeal from a judgment convicting defendant upon a verdict of guilty as charged under Indictment No. 32608—MM of March 30, 1966 accusing defendant of vio*90lating subdivision 1 of section 1751 of the former Penal Law by the sale of narcotics on October 21, 1965, we treat here only two of the points made by defendant in his brief and argument, to wit, (1) the failure of the court in its charge to instruct the jury that they could find the defendant guilty of possession of narcotics as a lesser included crime under the charge of selling narcotics, and (2) that the sentence was excessive…