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People v. Marrero

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 1992
182 A.D.2d 778 (N.Y. App. Div. 1992)

Opinion

April 20, 1992

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


Ordered that the judgment is modified, on the law, by reversing the conviction of criminal possession of a controlled substance in the seventh degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

The defendant was convicted of both criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree. However, as conceded by the People, the latter crime is a lesser-included offense of the former, which, under the circumstances of this case, should have been dismissed pursuant to CPL 300.40 (3) (b) (see, People v Vargas, 155 A.D.2d 565; People v Rodriguez, 126 A.D.2d 681).

The defendant's contention that the court improperly instructed the jury on the procedure for obtaining a search warrant is not preserved for appellate review, as no objection was made to that instruction (see, CPL 470.05).

The sentence imposed was not unduly harsh or excessive (see, People v Suitte, 90 A.D.2d 80). Harwood, J.P., Balletta, Rosenblatt and Copertino, JJ., concur.


Summaries of

People v. Marrero

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 1992
182 A.D.2d 778 (N.Y. App. Div. 1992)
Case details for

People v. Marrero

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE MARRERO…

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

Date published: Apr 20, 1992

Citations

182 A.D.2d 778 (N.Y. App. Div. 1992)
582 N.Y.S.2d 773

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