People v. Brazeal

Appellate Division of the Supreme Court of New York

People v. Brazeal

145 A.D.2d 329, 534 N.Y.S.2d 992, 1988 N.Y. App. Div. LEXIS 12987

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

DecidedDecember 8, 1988

StatusPublished

This text of 145 A.D.2d 329 (People v. Brazeal) 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. Brazeal, 145 A.D.2d 329, 534 N.Y.S.2d 992, 1988 N.Y. App. Div. LEXIS 12987 (N.Y. Ct. App. 1988).

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Opinion

— Judgment, Supreme Court, New York County (Allen Alpert, J.), rendered December 10, 1986, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]), criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]), and criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03), and sentencing him to concurrent terms of imprisonment of BVi to 11 years on the first two counts and one year on the third count, unanimously modified, on the law and facts, and as a matter of discretion in the interest of justice, to reverse and vacate the conviction and sentences for the possessory counts and dismiss same, and otherwise affirmed.

In this case, which involves the sale of a vial of crack to an undercover police officer, the charges of criminal possession of a controlled substance in the third and seventh degrees were predicated upon the same transaction which constituted the sale. As such, defendant correctly argues, and the People agree, that the possession counts, for which defendant received sentences concurrent to that imposed on the sale, should be dismissed. (See, People v Gaul, 63 AD2d 563, lv denied 45 NY2d 780; People v McKenzie, 131 AD2d 305, 306; CPL 300.30, 300.40 [3] [b].)

We have examined defendant’s remaining arguments on appeal and find them to be without merit. Concur — Kupferman, J. P., Sullivan, Ross, Kassal and Rosenberger, JJ.

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— Judgment, Supreme Court, New York County (Allen Alpert, J.), rendered December 10, 1986, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]), criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]), and criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03), and sentencing him to concurrent terms of imprisonment of BVi to 11 years on the first two counts and one year on the third count, unanimously modified, on the law and facts, and as a matter of discretion in the interest of justice, to reverse and vacate the conviction and sentences for the possessory counts and dismiss same, and otherwise affirmed.

In this case, which involves the sale of a vial of crack to an undercover police officer, the charges of criminal possession of a controlled substance in the third and seventh degrees were predicated upon the same transaction which constituted the sale. As such, defendant correctly argues, and the People agree, that the possession counts, for which defendant received sentences concurrent to that imposed on the sale, should be dismissed. (See, People v Gaul, 63 AD2d 563, lv denied 45 NY2d 780; People v McKenzie, 131 AD2d 305, 306; CPL 300.30, 300.40 [3] [b].)

We have examined defendant’s remaining arguments on appeal and find them to be without merit. Concur — Kupferman, J. P., Sullivan, Ross, Kassal and Rosenberger, JJ.

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Bluebook (online)

145 A.D.2d 329, 534 N.Y.S.2d 992, 1988 N.Y. App. Div. LEXIS 12987, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-brazeal-nyappdiv-1988.

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