People v. Daley

Appellate Division of the Supreme Court of New York

People v. Daley

281 A.D.2d 244, 721 N.Y.S.2d 873, 2001 N.Y. App. Div. LEXIS 2430

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

DecidedMarch 15, 2001

StatusPublished

Cited by4 cases

This text of 281 A.D.2d 244 (People v. Daley) 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. Daley, 281 A.D.2d 244, 721 N.Y.S.2d 873, 2001 N.Y. App. Div. LEXIS 2430 (N.Y. Ct. App. 2001).

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Opinion

—Judgment, Supreme Court, Bronx County (Patricia Williams, J.), rendered September 3, 1998, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third and fourth degrees, and sentencing him, as a second felony offender, to concurrent terms of 5 to 10 years and 3 to 6 years, respectively, unanimously affirmed.

Contrary to defendant’s argument, there was legally sufficient evidence of the element of intent to sell to support the conviction of criminal possession of a controlled substance in the third degree. Defendant’s intent to sell can be reasonably inferred from his possession of 32 separate packets of cocaine (People v Alvino, 71 NY2d 233, 245), especially when coupled with his possession of $941 in cash. Concur — Sullivan, P. J., Rosenberger, Williams, Mazzarelli and Friedman, JJ.

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—Judgment, Supreme Court, Bronx County (Patricia Williams, J.), rendered September 3, 1998, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third and fourth degrees, and sentencing him, as a second felony offender, to concurrent terms of 5 to 10 years and 3 to 6 years, respectively, unanimously affirmed.

Contrary to defendant’s argument, there was legally sufficient evidence of the element of intent to sell to support the conviction of criminal possession of a controlled substance in the third degree. Defendant’s intent to sell can be reasonably inferred from his possession of 32 separate packets of cocaine (People v Alvino, 71 NY2d 233, 245), especially when coupled with his possession of $941 in cash. Concur — Sullivan, P. J., Rosenberger, Williams, Mazzarelli and Friedman, JJ.

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Bluebook (online)

281 A.D.2d 244, 721 N.Y.S.2d 873, 2001 N.Y. App. Div. LEXIS 2430, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-daley-nyappdiv-2001.

Opinion

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