People v. Ruiz

Judgment, Supreme Court, New York County (Murray Mogel, J.), rendered April 14, 1994, 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 5 to 10 years, unanimously affirmed.

As the People concede, the court erred in declining to submit *419criminal possession of a controlled substance in the seventh degree as a lesser included offense of the criminal possession of a controlled substance in the third…