People v. Hine

Appellate Division of the Supreme Court of New York

People v. Hine

254 A.D.2d 43, 680 N.Y.S.2d 194, 1998 N.Y. App. Div. LEXIS 10052

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

DecidedOctober 6, 1998

StatusPublished

Cited by1 cases

This text of 254 A.D.2d 43 (People v. Hine) 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. Hine, 254 A.D.2d 43, 680 N.Y.S.2d 194, 1998 N.Y. App. Div. LEXIS 10052 (N.Y. Ct. App. 1998).

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Opinion

Judgment, Supreme Court, New York County (Jerome Hornblass, J.), rendered November 16, 1995, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the first degree, and sentencing him to a term of 15 years to life, unanimously affirmed.

The verdict was based on legally sufficient evidence. Defendant’s confession that he and a cohort went to an apartment and were shown a substantial quantity of cocaine for which the cohort paid $6,000, combined with the recovery of a briefcase containing more than one pound of cocaine, which defendant was seen carrying, demonstrated that defendant knowingly possessed more than four ounces of cocaine (see, People v Sanchez, 86 NY2d 27, 33-34).

By failing to point out any residual deficiencies in the court’s corrected instruction, given at defendant’s request, defendant failed to preserve his present challenges to the language employed by the court in conveying the principle that an individual may not be convicted solely upon evidence of his confession without additional proof (see, People v Whalen, 59 NY2d 273, 280; People v Santiago, 52 NY2d 865), and we decline to review them in the interest of justice. Were we to review these claims, we would find that the charge as a whole conveyed the proper legal standards (People v Fields, 87 NY2d 821). Concur — Sullivan, J. P., Milonas, Nardelli and Tom, JJ.

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Judgment, Supreme Court, New York County (Jerome Hornblass, J.), rendered November 16, 1995, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the first degree, and sentencing him to a term of 15 years to life, unanimously affirmed.

The verdict was based on legally sufficient evidence. Defendant’s confession that he and a cohort went to an apartment and were shown a substantial quantity of cocaine for which the cohort paid $6,000, combined with the recovery of a briefcase containing more than one pound of cocaine, which defendant was seen carrying, demonstrated that defendant knowingly possessed more than four ounces of cocaine (see, People v Sanchez, 86 NY2d 27, 33-34).

By failing to point out any residual deficiencies in the court’s corrected instruction, given at defendant’s request, defendant failed to preserve his present challenges to the language employed by the court in conveying the principle that an individual may not be convicted solely upon evidence of his confession without additional proof (see, People v Whalen, 59 NY2d 273, 280; People v Santiago, 52 NY2d 865), and we decline to review them in the interest of justice. Were we to review these claims, we would find that the charge as a whole conveyed the proper legal standards (People v Fields, 87 NY2d 821). Concur — Sullivan, J. P., Milonas, Nardelli and Tom, JJ.

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Bluebook (online)

254 A.D.2d 43, 680 N.Y.S.2d 194, 1998 N.Y. App. Div. LEXIS 10052, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hine-nyappdiv-1998.

Opinion

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