People v. Soto

Judgment, Supreme Court, New York County (Budd Goodman, J., at suppression motion; William Leibovitz, J., at jury trial and sentence), rendered September 29, 1995, convicting defendant of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 4V2 to 9 years, unanimously affirmed.

The trial court properly declined to submit criminal possession of a controlled substance in the seventh degree as a lesser included offense because there was no…