People v. Salemmo

Defendant was tried on a three-count indictment, the first count, charging him with criminally selling a dangerous drug in the third degree; second count, with criminally possessing a dangerous drug in the fourth degree, with intent to sell, and the third count, charging him with criminally possessing a dangerous drug in the third degree.

When the trial court charged the jury, amongst other things, it stated as follows:

‘ ‘ Jurors, you may find one or both of the defendants guilty or one, but only one of Counts one, two, and three * * *

“ So that, jurors, it will be either a verdict of guilty of…