Defendant's conviction arises from his sale of one glassine envelope of heroin to an undercover police officer.
Although we have repeatedly held that the possession charge is not a lesser included offense of the sale charge, in cases, such as here, where the possession charge flows directly from the sale charge, dismissal of the possession charge is appropriate. (See, e.g., People v Miranda, 151 A.D.2d 321, and cases cited therein.) Accordingly, as the People concede, we modify the judgment to dismiss the charge of criminal possession of a controlled substance in the seventh degree.
We have examined the other points raised by the defendant on this appeal and find them to be without merit.
Concur — Kupferman, J.P., Carro, Rosenberger, Ellerin and Smith, JJ.