People v. Brown

Judgment unanimously reversed, on the law and facts, and a new trial granted. Memorandum: Defendant’s conviction of criminal sale of a controlled substance in the third degree should be reversed and a new trial ordered. The trial court committed reversible error when it refused, after requests by defense attorney, to charge the elements of criminal possession of a controlled substance. Before a jury is charged concerning a lesser offense, two conditions must exist: (1) the offense being scrutinized for possible submission must meet the statutory definition of a "lesser included offense” (CPL…