People v. Bucci

Appellate Division of the Supreme Court of New York

People v. Bucci

70 A.D.2d 599, 416 N.Y.S.2d 522, 1979 N.Y. App. Div. LEXIS 12015

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

DecidedMay 7, 1979

StatusPublished

This text of 70 A.D.2d 599 (People v. Bucci) 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. Bucci, 70 A.D.2d 599, 416 N.Y.S.2d 522, 1979 N.Y. App. Div. LEXIS 12015 (N.Y. Ct. App. 1979).

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Opinion

— Appeal by defendant from a judgment of the Supreme Court, Westchester County, rendered November 20, 1978, convicting him of criminal sale of a controlled substance in the second degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, [600]*600and imposing sentence. Judgment modified, on the law, by reversing the conviction of criminal possession of a controlled substance in the third degree, and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment affirmed. The possession count is an inclusory concurrent count of that charging criminal sale in the second degree and the judgment should be modified by dismissing the former count (see People v Eason, 59 AD2d 560; People v McCray, 60 AD2d 895). O’Connor, J. P., Rabin, Shapiro and Mangano, JJ., concur.

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— Appeal by defendant from a judgment of the Supreme Court, Westchester County, rendered November 20, 1978, convicting him of criminal sale of a controlled substance in the second degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, [600]*600and imposing sentence. Judgment modified, on the law, by reversing the conviction of criminal possession of a controlled substance in the third degree, and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment affirmed. The possession count is an inclusory concurrent count of that charging criminal sale in the second degree and the judgment should be modified by dismissing the former count (see People v Eason, 59 AD2d 560; People v McCray, 60 AD2d 895). O’Connor, J. P., Rabin, Shapiro and Mangano, JJ., concur.

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Bluebook (online)

70 A.D.2d 599, 416 N.Y.S.2d 522, 1979 N.Y. App. Div. LEXIS 12015, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bucci-nyappdiv-1979.

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