Defendant's convictions resulted from his arrest for a single sale of two glassine envelopes, which contained heroin, to an undercover police officer for $30.
Although we have repeatedly held that the possession charge is not a lesser included offense of the sale charge (People v Perez, 139 A.D.2d 460, 461 [1st Dept 1988]; People v. Harrison, 136 A.D.2d 469, 470 [1st Dept 1988]), the People concede that since the possession charge flows from the sale charge, dismissal of the possession charge is appropriate (People v. Gaul, 63 A.D.2d 563 [1st Dept 1978], lv denied 45 N.Y.2d 780).
Accordingly, we modify the judgment to dismiss the charge of criminal possession of a controlled substance in the third degree.
We have considered the other points presented by defendant, and find them to be without merit.
Concur — Sullivan, J.P., Ross, Asch, Rosenberger and Ellerin, JJ.