SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
December 12, 1968
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
LONNIE POOLE, APPELLANT. (NO. 1.)
Appeal from judgment of Erie County Court convicting defendant of violation of Penal Law, § 1751, subd. 1.
Goldman, J. P., Del Vecchio, Marsh, Witmer and Henry, JJ.
Memorandum: With respect to the claim that the trial court erred in failing to charge the jury that it could find defendant guilty of possession of narcotics as a lesser included crime under the charge of selling narcotics, see opinion in People v. Poole (31 A.D.2d 89, [Appeal No. 2] decided concurrently herewith).
Judgment unanimously affirmed.
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