People v. Wallace

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Naro, J.), rendered April 19, 1989, convicting him of criminal possession *469of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The trial court correctly denied the defendant’s request to charge 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. Although criminal possession of a controlled substance in the seventh degree is a…