People v. Betters

Appellate Division of the Supreme Court of New York

People v. Betters

113 A.D.3d 934, 978 N.Y.2d 454

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

DecidedJanuary 16, 2014

StatusPublished

Cited by1 cases

This text of 113 A.D.3d 934 (People v. Betters) 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

People v. Betters, 113 A.D.3d 934, 978 N.Y.2d 454 (N.Y. Ct. App. 2014).

Pincite

Opinion

Lahtinen, J.P.

[935]*935We affirm. Where an indictment charges more than one offense, a defendant may plead guilty to a lesser included offense of any of the charged offenses, with the permission of the court and the People (see CPL 220.10 [4] [b]; People v Crandall, 39 AD3d 1077, 1077 [2007], lv denied 9 NY3d 874 [2007]). Criminal possession of a controlled substance in the fourth degree includes the element of weight not included in the crime of criminal possession of a controlled substance in the third degree and, therefore, is not a lesser included offense within the definition of CPL 1.20 (37) (see People v Alverson, 79 AD3d 1787, 1787 [2010]). However, CPL 220.20 (1) (i) defines lesser included offenses for plea purposes and provides that, “[w]here the crime charged is criminal possession of a controlled substance, any offense of criminal possession of a controlled substance, in any degree, is deemed to constitute a lesser included offense.” Notably, during the plea proceedings, defendant freely admitted to possessing oxycodone and clearly entered his plea of guilty to the charge of criminal possession of a controlled substance in the fourth degree in reduction of the second count of the indictment, which charged him with criminal possession of a controlled substance in the third degree. Accordingly, we find no jurisdictional deficiencies in this plea.

Stein, McCarthy and Garry, JJ., concur. Ordered that the judgment is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Lahtinen, J.P.

[935]*935We affirm. Where an indictment charges more than one offense, a defendant may plead guilty to a lesser included offense of any of the charged offenses, with the permission of the court and the People (see CPL 220.10 [4] [b]; People v Crandall, 39 AD3d 1077, 1077 [2007], lv denied 9 NY3d 874 [2007]). Criminal possession of a controlled substance in the fourth degree includes the element of weight not included in the crime of criminal possession of a controlled substance in the third degree and, therefore, is not a lesser included offense within the definition of CPL 1.20 (37) (see People v Alverson, 79 AD3d 1787, 1787 [2010]). However, CPL 220.20 (1) (i) defines lesser included offenses for plea purposes and provides that, “[w]here the crime charged is criminal possession of a controlled substance, any offense of criminal possession of a controlled substance, in any degree, is deemed to constitute a lesser included offense.” Notably, during the plea proceedings, defendant freely admitted to possessing oxycodone and clearly entered his plea of guilty to the charge of criminal possession of a controlled substance in the fourth degree in reduction of the second count of the indictment, which charged him with criminal possession of a controlled substance in the third degree. Accordingly, we find no jurisdictional deficiencies in this plea.

Stein, McCarthy and Garry, JJ., concur. Ordered that the judgment is affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

113 A.D.3d 934, 978 N.Y.2d 454, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-betters-nyappdiv-2014.

Opinion

Related

Cite This Page — Counsel Stack