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People v. Cruz

754 N.E.2d 1112, 96 N.Y.2d 857, 730 N.Y.S.2d 29
CourtNew York Court of Appeals
DecidedJune 28, 2001
StatusPublished
Cited by48 cases

This text of 754 N.E.2d 1112 (People v. Cruz) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Cruz, 754 N.E.2d 1112, 96 N.Y.2d 857, 730 N.Y.S.2d 29 (N.Y. 2001).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division in each case should be affirmed.

Defendants appeal their convictions of first degree criminal trespass, third degree criminal possession of a weapon, and two counts of seventh degree criminal possession of a controlled substance. Their arguments that the trial court should have given a “moral certainty” charge, that the indictment was multiplicitous (see, People v Sykes, 22 NY2d 159), and Cruz’s challenge to the legal sufficiency of the evidence regarding the length of the shotgun barrel are unpreserved for our review. Defendants’ remaining arguments are without merit.

Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley, Rosenblatt and Graffeo concur.

In each case: Order affirmed in a memorandum.

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Cite This Page — Counsel Stack

Bluebook (online)
754 N.E.2d 1112, 96 N.Y.2d 857, 730 N.Y.S.2d 29, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cruz-ny-2001.