PEOPLE v. ESCALERA

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Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Albert ESCALERA, Defendant-Appellant.

Decided: January 28, 1997

Before SULLIVAN, J.P., and MILONAS, ROSENBERGER and TOM, JJ. Ellen Sue Handman, for respondent. Cynthia Colt, for defendant-appellant.

Judgment, Supreme Court, New York County (Patricia Williams, J.), rendered May 11, 1994, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 41/212 to 9 years, unanimously affirmed.

The trial court properly denied defendant's request for a jury charge on the lesser included offense of criminal possession of a controlled substance in the seventh degree where defendant denied the elements of such lesser included offense (People v. Scarborough, 49 N.Y.2d 364, 370, 426 N.Y.S.2d 224, 402 N.E.2d 1127).

MEMORANDUM DECISION.