Appellate Division of the Supreme Court of the State of New York March 17, 1995 (People v. Furtick)

—Judgment unanimously affirmed.

Memorandum: On appeal from a judgment convicting him of criminal possession of a controlled substance in the first and third degrees and conspiracy in the second degree, defendant contends that Supreme Court erred in failing to charge the jury, with respect to criminal possession of a controlled substance in the first degree, that the People had to prove