People v. Acosta

—On remittitur from the Court of Appeals (80 NY2d 665), the judgment of Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered July 27, 1989, insofar as it convicted defendant of attempted criminal possession of a controlled substance in the first degree and sentenced him to 25 years to life imprisonment, to run concurrently with a sentence of 8V3 to 25 years on his conviction for conspiracy in the second degree, is unanimously affirmed.

In reaffirming the principle that to make out an attempted crime, a defendant’s conduct must come "very near” (People v Rizzo, 246 NY 334, 337),…