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People v. Barksdale

Appellate Division of the Supreme Court of New York, First Department
Oct 21, 1999
265 A.D.2d 223 (N.Y. App. Div. 1999)

Opinion

October 21, 1999

Judgment, Supreme Court, Bronx County (Harold Silverman, J.), rendered October 7, 1997, 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 4 1/2 to 9 years, unanimously affirmed.


The court properly exercised its discretion in denying defense challenges for cause to two prospective jurors where both prospective jurors steadfastly responded to questioning by both the court and counsel with unqualified assurances that they could be fair and impartial and would not give undue weight to the testimony of a police officer, and where the court, after viewing the jurors' statements as a whole, determined that there was no substantial risk that either juror had a state of mind that was likely to preclude him from rendering an impartial verdict based upon the evidence adduced at trial (see, People v. Williams, 63 N.Y.2d 882; People v. De La Cruz, 223 A.D.2d 472, lv denied 88 N.Y.2d 846;People v. Deguero, 264 A.D.2d 660.)

The court properly declined to charge criminal possession of a controlled substance in the seventh degree as a lesser included offense of criminal possession of a controlled substance in the third degree. No reasonable view of the evidence, including the large quantity of vials of drugs possessed and recovery of the buy money, supports a finding of possession without intent to sell (see, People v. Richardson, 244 A.D.2d 273, lv denied, 91 N.Y.2d 1012;People v. Gray, 232 A.D.2d 179, lv denied 89 N.Y.2d 1093)

ELLERIN, P.J., WALLACH, LERNER, RUBIN, BUCKLEY, JJ.


Summaries of

People v. Barksdale

Appellate Division of the Supreme Court of New York, First Department
Oct 21, 1999
265 A.D.2d 223 (N.Y. App. Div. 1999)
Case details for

People v. Barksdale

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WALTER BARKSDALE…

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

Date published: Oct 21, 1999

Citations

265 A.D.2d 223 (N.Y. App. Div. 1999)
697 N.Y.S.2d 590

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