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People v. Escalera

Appellate Division of the Supreme Court of New York, First Department
Jan 28, 1997
235 A.D.2d 351 (N.Y. App. Div. 1997)

Opinion

January 28, 1997.

Judgment, Supreme Court, New York County (Patricia Williams, J.), rendered May 11, 1994, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4½ to 9 years, unanimously affirmed.

Before: Sullivan, J. P., Milonas, Rosenberger and Tom, JJ.


The trial court properly denied defendant's request for a jury charge on the lesser included offense of criminal possession of a controlled substance in the seventh degree where defendant denied the elements of such lesser included offense ( People v Scarborough, 49 NY2d 364, 370).


Summaries of

People v. Escalera

Appellate Division of the Supreme Court of New York, First Department
Jan 28, 1997
235 A.D.2d 351 (N.Y. App. Div. 1997)
Case details for

People v. Escalera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALBERT ESCALERA…

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

Date published: Jan 28, 1997

Citations

235 A.D.2d 351 (N.Y. App. Div. 1997)
653 N.Y.S.2d 315