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People v. Riley

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 24, 1986
116 A.D.2d 1028 (N.Y. App. Div. 1986)

Opinion

January 24, 1986

Appeal from the Monroe County Court, Cornelius, J.

Present — Doerr, J.P., Boomer, Green, O'Donnell and Schnepp, JJ.


Judgment unanimously affirmed. Memorandum: During defendant's trial on an indictment alleging a criminal sale of a controlled substance in the third degree, the trial court erroneously charged criminal possession in the sixth degree and eighth degree as lesser included offenses. "[I]t is not necessary to possess a controlled substance in order to offer or agree to sell it * * * Accordingly, possession offenses relating to controlled substances are not lesser included offenses of those crimes prohibiting their sale" (People v Cogle, 94 A.D.2d 158, 159; see, People v Glover, 57 N.Y.2d 61, 63). However, the error is harmless and does not require reversal since the jury found defendant guilty of the higher crime and never considered the lesser offenses (People v Scarincio, 95 A.D.2d 967, 969).

Our examination of the record reflects that defendant was represented by reasonably competent counsel and was not denied a fair trial (see, People v Modica, 64 N.Y.2d 828, 829). Defendant's other claims of error have been examined and found to be without merit.


Summaries of

People v. Riley

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 24, 1986
116 A.D.2d 1028 (N.Y. App. Div. 1986)
Case details for

People v. Riley

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HERMAN RILEY, Appellant

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

Date published: Jan 24, 1986

Citations

116 A.D.2d 1028 (N.Y. App. Div. 1986)