People v. Lunsford

Raymond E. Aldrich, Jr., J.

The defendant was indicted for having committed four crimes involving the narcotic drug heroin, namely, the crimes of criminal sale of a controlled substance in the third degree, a class A-III felony, and criminal possession of a controlled substance in the third degree, a class A-III felony, on November 3, 1973 and again on November 5, 1973, and by jury verdict he was found guilty of all four crimes.

In its discretion the trial court submitted to the jury for their consideration all four counts (CPL 300.40, subd 4), stressing in the charge the separate nature of the…