People v. Johnson

OPINION OF THE COURT

Cooke, J.

William Johnson was convicted, after a jury trial, of criminal sale of a controlled substance in the third degree (Penal Law, § 220.39). The conviction was affirmed, without opinion, by the Appellate Division (55 AD2d 858). On this appeal, defendant contends that the trial court erred in refusing to submit to the jury, following a proper request, the lesser included offense of criminal possession of a controlled substance in the seventh degree (Penal Law, § 220.03). We agree and therefore reverse and direct a new trial.

The events from which this prosecution stems…