People v. Gray

*1013an accomplice to the driver’s possession (see, Penal Law § 20.10). Defendant’s solicitation of the cocaine was necessarily incidental to that possession, and application of Penal Law § 20.10 limits the culpability of defendant to that resulting from his own conduct (see, People v Manini, 79 NY2d 561, 569-572; see also, People v Allen, 92 NY2d 378, 383-384; compare, People v Warren, 66 NY2d 831), i.e., conspiracy in the second degree (see, People v Gray, 284 AD2d 1012 [decided herewith]).

The People further contend that defendant is guilty of possessing the cocaine under the theory of…