People v. Scarborough

OPINION OF THE COURT

Jones, J.

These appeals, arising out of a narcotics transaction, require us to determine whether the trial court erred in refusing defendants’ request to submit counts of possession of a controlled substance as lesser included offenses of the charge of criminal sale. We conclude that no such submission was required when no rational basis appears in the record for rejection by the jury of that portion of the undercover officer-buyer’s testimony that would have established a drug sale but acceptance by the jury of so much of his testimony as would have supported a finding of…