People v. Olivera

Williams, J. (dissenting).

The trial court properly declined to submit criminal possession of a controlled substance in the seventh degree as a lesser included offense of criminal possession of a controlled substance in the third degree. Viewing the evidence in the light most favorable to defendant, there is no reasonable view of the evidence to support a finding that he committed the lesser offense but not the greater (People v Scarborough, 49 NY2d 364, 368-370 [1980]; CPL 300.50 [1]). The defendant presented no evidence at trial and the only record evidence is that once the undercover…