People v. Blanco

Appellate Division of the Supreme Court of New York

People v. Blanco

67 A.D.2d 685, 412 N.Y.S.2d 1015, 1979 N.Y. App. Div. LEXIS 10286

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

DecidedJanuary 15, 1979

StatusPublished

This text of 67 A.D.2d 685 (People v. Blanco) 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. Blanco, 67 A.D.2d 685, 412 N.Y.S.2d 1015, 1979 N.Y. App. Div. LEXIS 10286 (N.Y. Ct. App. 1979).

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Opinion

— Appeal by defendant from (1) a judgment of the Supreme Court, Kings County, rendered April 30, 1975 (the date on the clerk’s extract is August 7, 1975), convicting him of criminal sale of a controlled substance in the first and second degrees and criminal possession of a controlled substance in the first, third (two counts) and fifth degrees, upon a jury verdict, and imposing sentence, and (2) (by permission) an order of the same court, entered October 14, 1976, which denied his motion to vacate the judgment. Judgment reversed, as a matter of discretion in the interest of justice, indictment dismissed on the ground of double jeopardy, and case remitted to the Supreme Court, Kings County, for the purpose of entering an order in its discretion pursuant to CPL 160.50 (see People v Fiffe, 65 AD2d 559, which involved the appeal by appellant’s codefendant). Appeal from the order dismissed in the light of the determination on the appeal from the judgment. Mollen, P. J., Hopkins, Shapiro and Martuscello, JJ., concur.

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— Appeal by defendant from (1) a judgment of the Supreme Court, Kings County, rendered April 30, 1975 (the date on the clerk’s extract is August 7, 1975), convicting him of criminal sale of a controlled substance in the first and second degrees and criminal possession of a controlled substance in the first, third (two counts) and fifth degrees, upon a jury verdict, and imposing sentence, and (2) (by permission) an order of the same court, entered October 14, 1976, which denied his motion to vacate the judgment. Judgment reversed, as a matter of discretion in the interest of justice, indictment dismissed on the ground of double jeopardy, and case remitted to the Supreme Court, Kings County, for the purpose of entering an order in its discretion pursuant to CPL 160.50 (see People v Fiffe, 65 AD2d 559, which involved the appeal by appellant’s codefendant). Appeal from the order dismissed in the light of the determination on the appeal from the judgment. Mollen, P. J., Hopkins, Shapiro and Martuscello, JJ., concur.

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Bluebook (online)

67 A.D.2d 685, 412 N.Y.S.2d 1015, 1979 N.Y. App. Div. LEXIS 10286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-blanco-nyappdiv-1979.

Opinion

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