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People v. Gonzalez

Appellate Division of the Supreme Court of New York, Second Department
Jul 23, 1990
163 A.D.2d 582 (N.Y. App. Div. 1990)

Opinion

July 23, 1990

Appeal from the Supreme Court, Kings County (Kramer, J.).


Ordered that the judgment is affirmed.

While the trial court submitted the crimes of criminal sale of a controlled substance in the first and second degrees to the jury, the defendant contends that his request to charge criminal sale of a controlled substance in the third degree as a lesser included offense should have been granted. However, since the defendant was convicted of criminal sale of a controlled substance in the first degree, any error was harmless (see, People v. Richette, 33 N.Y.2d 42, 45-46; cf., People v. Green, 56 N.Y.2d 427, 435-436).

The defendant's other contention is unpreserved for appellate review (see, CPL 470.05; People v. Nuccie, 57 N.Y.2d 818), and we decline to review it in the exercise of our interest of justice jurisdiction. Thompson, J.P., Lawrence, Harwood and Balletta, JJ., concur.


Summaries of

People v. Gonzalez

Appellate Division of the Supreme Court of New York, Second Department
Jul 23, 1990
163 A.D.2d 582 (N.Y. App. Div. 1990)
Case details for

People v. Gonzalez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GUILLERMO GONZALEZ…

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

Date published: Jul 23, 1990

Citations

163 A.D.2d 582 (N.Y. App. Div. 1990)
558 N.Y.S.2d 635