People v. Hernandez

Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered October 21, 1992, convicting defendant, after a jury trial, 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 6 to 12 years, unanimously affirmed.

The trial court did not err in refusing to charge criminal possession of a controlled substance in the seventh degree as a lesser included offense of possession of a controlled substance in the third degree since there was no…