People v. Cudney

Appellate Division of the Supreme Court of New York

People v. Cudney

62 A.D.2d 1139, 404 N.Y.S.2d 998, 1978 N.Y. App. Div. LEXIS 11252

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

DecidedApril 7, 1978

StatusPublished

This text of 62 A.D.2d 1139 (People v. Cudney) 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. Cudney, 62 A.D.2d 1139, 404 N.Y.S.2d 998, 1978 N.Y. App. Div. LEXIS 11252 (N.Y. Ct. App. 1978).

Pincite

Opinion

Judgment unanimously modified in accordance with memorandum and, as modified, affirmed. Memorandum: Defendant appeals from a judgment of Supreme Court, Erie County, entered on April 22, 1974 after a jury verdict, convicting defendant of criminal possession of a dangerous drug in the fifth degree and criminal sale of a dangerous drug in the fourth degree. Defendant was sentenced to an indeterminate term with a maximum of three years on each count, to be served concurrently. The People concede that the count of criminal possession of a dangerous drug in the fifth degree should have been dismissed after the verdict as a lesser included offense of criminal sale of a dangerous drug in the fourth degree. We find defendant’s other allegations of error to be without merit and affirm [1140]*1140his conviction of criminal sale of a dangerous drug; however, we modify the judgment, insofar as it imposes sentence, as a matter of discretion in the interest of justice (CPL 470.15, subd 3, par [c]), by reducing the sentence to time served. (Appeal from judgment of Erie Supreme Court convicting defendant of criminal possession of a dangerous drug, fifth degree, and another charge.) Present—Marsh, P. J., Dillon, Hancock, Jr., Denman and Witmer, JJ.

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

Judgment unanimously modified in accordance with memorandum and, as modified, affirmed. Memorandum: Defendant appeals from a judgment of Supreme Court, Erie County, entered on April 22, 1974 after a jury verdict, convicting defendant of criminal possession of a dangerous drug in the fifth degree and criminal sale of a dangerous drug in the fourth degree. Defendant was sentenced to an indeterminate term with a maximum of three years on each count, to be served concurrently. The People concede that the count of criminal possession of a dangerous drug in the fifth degree should have been dismissed after the verdict as a lesser included offense of criminal sale of a dangerous drug in the fourth degree. We find defendant’s other allegations of error to be without merit and affirm [1140]*1140his conviction of criminal sale of a dangerous drug; however, we modify the judgment, insofar as it imposes sentence, as a matter of discretion in the interest of justice (CPL 470.15, subd 3, par [c]), by reducing the sentence to time served. (Appeal from judgment of Erie Supreme Court convicting defendant of criminal possession of a dangerous drug, fifth degree, and another charge.) Present—Marsh, P. J., Dillon, Hancock, Jr., Denman and Witmer, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

62 A.D.2d 1139, 404 N.Y.S.2d 998, 1978 N.Y. App. Div. LEXIS 11252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cudney-nyappdiv-1978.