People v. Pilgrim

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Counts 1 and 4 of the indictment (criminal sale of a controlled substance in the first and second degrees, respectively) , on which defendant was convicted and that are the subject of this appeal, were submitted to the jury on theories both of completed sale and of agreements to sell (Penal Law, §220.00, subd 1). While no particular instructions were included as to the elements of the transaction required to be proved to establish an agreement to sell, no protest to their omission from the court’s charge was…