New York Court of Appeals

The People of the State of New York, Respondent v. William Johnson, Appellant

November 2, 197845 N.Y.2d 546

Summary

The New York Court of Appeals held that the trial court erred by refusing to submit the lesser‑included offense of criminal possession of a controlled substance in the seventh degree to the jury and reversed the Appellate Division’s order, directing a new trial. The court reasoned that the evidence presented allowed a reasonable view that the defendant possessed but did not necessarily sell the heroin, satisfying the first prong of CPL 300.50.