People v. De Oca

Appellate Division of the Supreme Court of New York

People v. De Oca

282 A.D.2d 401, 723 N.Y.S.2d 672, 2001 N.Y. App. Div. LEXIS 4125

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

DecidedApril 26, 2001

StatusPublished

This text of 282 A.D.2d 401 (People v. De Oca) 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. De Oca, 282 A.D.2d 401, 723 N.Y.S.2d 672, 2001 N.Y. App. Div. LEXIS 4125 (N.Y. Ct. App. 2001).

Pincite

Opinion

—Judgment, Supreme Court, New York County (Bonnie Wittner, J.), rendered September 2, 1998, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the first degree, criminal possession of a controlled substance in the first degree (two counts), and conspiracy in the second degree, and sentencing him, as a second felony offender, to an aggregate term of 35 years to life, unanimously affirmed.

We find no violation of defendant’s right to be free from [402]*402double jeopardy in connection with defendant’s conviction of Federal and State charges. His conviction in Federal court was for conspiracy to commit money laundering and the substantive crime of money laundering, crimes with distinct elements from those present here and which reflect “provisions * * * designed to prevent very different kinds of harm or evil” (CPL 40.20 [2] [b]).

The court’s charge on constructive possession, read as a whole, adequately conveyed the correct standard to the jury (see, People v Fields, 87 NY2d 821; People v Manini, 79 NY2d 561, 564).

Defendant’s remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them. Concur — Rosenberger, J. P., Mazzarelli, Andrias, Ellerin and Lerner, JJ. [As amended by unpublished order entered May 31, 2001.]

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

—Judgment, Supreme Court, New York County (Bonnie Wittner, J.), rendered September 2, 1998, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the first degree, criminal possession of a controlled substance in the first degree (two counts), and conspiracy in the second degree, and sentencing him, as a second felony offender, to an aggregate term of 35 years to life, unanimously affirmed.

We find no violation of defendant’s right to be free from [402]*402double jeopardy in connection with defendant’s conviction of Federal and State charges. His conviction in Federal court was for conspiracy to commit money laundering and the substantive crime of money laundering, crimes with distinct elements from those present here and which reflect “provisions * * * designed to prevent very different kinds of harm or evil” (CPL 40.20 [2] [b]).

The court’s charge on constructive possession, read as a whole, adequately conveyed the correct standard to the jury (see, People v Fields, 87 NY2d 821; People v Manini, 79 NY2d 561, 564).

Defendant’s remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them. Concur — Rosenberger, J. P., Mazzarelli, Andrias, Ellerin and Lerner, JJ. [As amended by unpublished order entered May 31, 2001.]

Cite This Page — Counsel Stack

Bluebook (online)

282 A.D.2d 401, 723 N.Y.S.2d 672, 2001 N.Y. App. Div. LEXIS 4125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-de-oca-nyappdiv-2001.

Opinion

Related

Cite This Page — Counsel Stack