—[*1] Steven Banks, The Legal Aid Society, New York (Lawrence T. Hausman of counsel), and Simpson Thacher & Bartlett LLP, New York (Courtenay Browne of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Alexis Pimentel of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Megan Tallmer, J.), rendered May 15, 2001, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 8 to 16 years, unanimously affirmed.

The court properly declined to charge criminal possession of a controlled substance in the seventh degree as a lesser included offense, since there was no reasonable view of the evidence, viewed in a light most favorable to defendant, to support a finding that defendant's possession was without intent to sell (see People v Tineo, 16 AD3d 165 [2005], lv denied 4 NY3d 857 [2005]; People v Henry, 272 AD2d 238 [2000], lv denied 95 NY2d 890 [2000]).

We perceive no basis for reducing the sentence. Concur—Mazzarelli, J.P., Saxe, Sullivan, Catterson and Kavanagh, JJ.