The People of the State of New York, Respondent v. Rolando Leon, Appellant

Summary

The Court of Appeals affirmed the defendant's second‑degree criminal possession conviction. It held that CPL 300.40(6) does not make a trial court's discretionary decision to omit a non‑inclusory concurrent count unreviewable, and that the trial court did not abuse its discretion in refusing to submit the third‑degree count.