People v. Jenkins

Appellate Division of the Supreme Court of New York

People v. Jenkins

51 A.D.2d 1047, 381 N.Y.S.2d 333, 1976 N.Y. App. Div. LEXIS 11857

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

DecidedMarch 22, 1976

StatusPublished

Cited by1 cases

This text of 51 A.D.2d 1047 (People v. Jenkins) 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. Jenkins, 51 A.D.2d 1047, 381 N.Y.S.2d 333, 1976 N.Y. App. Div. LEXIS 11857 (N.Y. Ct. App. 1976).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered March 12, 1974, convicting him of criminal sale of a dangerous drug in the third degree (two counts) and criminal possession of a dangerous drug in the fourth (two counts) and sixth (two counts) degrees, upon a jury verdict, and imposing sentence. Judgment modified, on the law, by reversing the convictions of criminal possession of a dangerous drug in the fourth and sixth degrees, and the sentences imposed thereon, and the said counts are dismissed. As so modified, judgment affirmed. Under the facts of this case, criminal possession of a dangerous drug in the fourth and sixth degrees are lesser included offenses of criminal sale of a dangerous drug in the third degree (see CPL 300.40, subd 3, par [b]; People v Grier, 37 NY2d 847). Cohalan, Acting P. J., Margett, Damiani, Rabin and Titone, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered March 12, 1974, convicting him of criminal sale of a dangerous drug in the third degree (two counts) and criminal possession of a dangerous drug in the fourth (two counts) and sixth (two counts) degrees, upon a jury verdict, and imposing sentence. Judgment modified, on the law, by reversing the convictions of criminal possession of a dangerous drug in the fourth and sixth degrees, and the sentences imposed thereon, and the said counts are dismissed. As so modified, judgment affirmed. Under the facts of this case, criminal possession of a dangerous drug in the fourth and sixth degrees are lesser included offenses of criminal sale of a dangerous drug in the third degree (see CPL 300.40, subd 3, par [b]; People v Grier, 37 NY2d 847). Cohalan, Acting P. J., Margett, Damiani, Rabin and Titone, JJ., concur.

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Bluebook (online)

51 A.D.2d 1047, 381 N.Y.S.2d 333, 1976 N.Y. App. Div. LEXIS 11857, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jenkins-nyappdiv-1976.

Opinion

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