In re David S.

Appellate Division of the Supreme Court of New York

In re David S.

299 A.D.2d 226, 749 N.Y.S.2d 413, 2002 N.Y. App. Div. LEXIS 11219

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 19, 2002

StatusPublished

This text of 299 A.D.2d 226 (In re David S.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re David S., 299 A.D.2d 226, 749 N.Y.S.2d 413, 2002 N.Y. App. Div. LEXIS 11219 (N.Y. Ct. App. 2002).

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Opinion

Order of disposition, Family Court, Bronx County (Myrna Martinez-Perez, J.), entered August 7, 2001, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that appellant had committed acts which, if committed by an adult, would constitute the crimes of criminal possession of a controlled substance in the third and fifth degrees, and placed him with the New York State Office of Children and Family Services for a period of 18 months, unanimously modified, on the law, to the extent of vacating the adjudication as to criminal possession of a controlled substance in the fifth degree, and dismissing that count of the petition, and otherwise affirmed, without costs.

The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence (People v Bleakley, 69 NY2d 490).

As the presentment agency correctly concedes, criminal possession of a controlled substance in the fifth degree should have been dismissed as a lesser included offense of third-degree possession (see CPL 300.40 [3] [b]). Concur — Williams, P.J., Nardelli, Rosenberger, Ellerin and Lerner, JJ.

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Order of disposition, Family Court, Bronx County (Myrna Martinez-Perez, J.), entered August 7, 2001, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that appellant had committed acts which, if committed by an adult, would constitute the crimes of criminal possession of a controlled substance in the third and fifth degrees, and placed him with the New York State Office of Children and Family Services for a period of 18 months, unanimously modified, on the law, to the extent of vacating the adjudication as to criminal possession of a controlled substance in the fifth degree, and dismissing that count of the petition, and otherwise affirmed, without costs.

The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence (People v Bleakley, 69 NY2d 490).

As the presentment agency correctly concedes, criminal possession of a controlled substance in the fifth degree should have been dismissed as a lesser included offense of third-degree possession (see CPL 300.40 [3] [b]). Concur — Williams, P.J., Nardelli, Rosenberger, Ellerin and Lerner, JJ.

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Bluebook (online)

299 A.D.2d 226, 749 N.Y.S.2d 413, 2002 N.Y. App. Div. LEXIS 11219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-david-s-nyappdiv-2002.

Opinion

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