From Casetext: Smarter Legal Research

People v. Mendoza

Appellate Division of the Supreme Court of New York, First Department
Apr 23, 1985
110 A.D.2d 570 (N.Y. App. Div. 1985)

Opinion

April 23, 1985

Appeal from the Supreme Court, New York County (Howard Bell, J.).


Defendant was convicted of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third and seventh degrees. However, as the People concede, criminal possession in the seventh degree is a lesser inclusory offense which, under the circumstances herein, should have been dismissed pursuant to CPL 300.40 (3) (b). ( See, People v. Evans, 70 A.D.2d 816.)

Concur. — Murphy, P.J., Ross, Lynch and Milonas, JJ.


Summaries of

People v. Mendoza

Appellate Division of the Supreme Court of New York, First Department
Apr 23, 1985
110 A.D.2d 570 (N.Y. App. Div. 1985)
Case details for

People v. Mendoza

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM MENDOZA…

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

Date published: Apr 23, 1985

Citations

110 A.D.2d 570 (N.Y. App. Div. 1985)

Citing Cases

People v. Williams

Our examination of the record indicates that the indictment, which contains counts of criminal sale in the…

People v. McKenzie

The first trial resulted in a hung jury and, following retrial, defendant was convicted of all counts. Under…