New York Court of Appeals
The People of the State of New York v. Cynthia Scarborough, Appellant the People of the State of New York v. Calvin…
February 12, 198049 N.Y.2d 364
Summary
The Court of Appeals affirmed the convictions for criminal sale of a controlled substance, holding that the trial court was correct in refusing to submit the lesser included offenses of possession. The Court explained that CPL 300.50 requires a reasonable view of the evidence supporting a finding of the lesser offense without the greater, which was absent here.