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People v. Grieco

Appellate Division of the Supreme Court of New York, Second Department
Dec 15, 1986
125 A.D.2d 489 (N.Y. App. Div. 1986)

Opinion

December 15, 1986

Appeal from the Supreme Court, Suffolk County (McInerney, J.).


Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings pursuant to CPL 460.50 (5).

The defendant was charged with possession of cocaine. Evidence of his prior possession of cocaine, which had not resulted in a conviction, was properly admitted on the People's direct case solely to prove the element of knowledge, and the jury was so instructed during the court's charge (see, People v. Molineux, 168 N.Y. 264).

The sentence imposed was not inappropriate under the circumstances (see, People v. Suitte, 90 A.D.2d 80). We find the defendant's remaining contentions to be without merit. Mangano, J.P., Bracken, Brown and Eiber, JJ., concur.


Summaries of

People v. Grieco

Appellate Division of the Supreme Court of New York, Second Department
Dec 15, 1986
125 A.D.2d 489 (N.Y. App. Div. 1986)
Case details for

People v. Grieco

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL GRIECO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 15, 1986

Citations

125 A.D.2d 489 (N.Y. App. Div. 1986)

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