PEOPLE v. TURNER

Ordered that the judgment is modified, on the law, by reversing the conviction of criminal possession of a controlled substance in the seventh degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

Contrary to the defendant's contentions, the trial court did not err in curtailing his cross-examination of a police officer who testified for the prosecution ( see, People v. Almeida, 159 A.D.2d 508, 509).

However, as the People correctly concede, the defendant's conviction on the charge of criminal possession of a controlled substance in the seventh degree must be vacated and the count of the indictment charging that crime must be dismissed, as it is a lesser-included offense of criminal possession of a controlled substance in the third degree ( see, People v. Zapata, 235 A.D.2d 446; People v. McCray, 204 A.D.2d 490; CPL 300.40 [b]).

The sentence imposed on the remaining count was not excessive ( see, People v. Suitte, 90 A.D.2d 80).

Miller, J.P., Pizzuto, Altman and Goldstein, JJ., concur.