From Casetext: Smarter Legal Research

People v. Graham

Appellate Division of the Supreme Court of New York, First Department
Oct 31, 2000
276 A.D.2d 445 (N.Y. App. Div. 2000)

Opinion

October 31, 2000.

Judgment, Supreme Court, New York County (Herbert Altman, J.), rendered January 21, 1999, 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 5 1/2 to 11 years, unanimously affirmed.

Vincent Rivellese, for respondent.

Michael F. Cicero, for appellant.

Before: Nardelli, J.P., Williams, Mazzarelli, Andrias, Saxe, JJ.


Defendant's challenge to the court's charge is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the court's one-word slip of the tongue in delivering its definition of the lesser included offense of criminal possession of a controlled substance in the seventh degree could not have caused any prejudice since the charge as a whole correctly defined that offense.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Graham

Appellate Division of the Supreme Court of New York, First Department
Oct 31, 2000
276 A.D.2d 445 (N.Y. App. Div. 2000)
Case details for

People v. Graham

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. BRYANT GRAHAM…

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

Date published: Oct 31, 2000

Citations

276 A.D.2d 445 (N.Y. App. Div. 2000)
716 N.Y.S.2d 562

Citing Cases

People v. Manello

Were we to review these claims , we would find no basis for reversal. According to the transcript, at one…