People v. Betters

Lahtinen, J.P.

*935We affirm. Where an indictment charges more than one offense, a defendant may plead guilty to a lesser included offense of any of the charged offenses, with the permission of the court and the People (see CPL 220.10 [4] [b]; People v Crandall, 39 AD3d 1077, 1077 [2007], lv denied 9 NY3d 874 [2007]). Criminal possession of a controlled substance in the fourth degree includes the element of weight not included in the crime of criminal possession of a controlled substance in the third degree and, therefore, is not a lesser included offense within the definition of CPL 1.20 (37)…