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People v. Lapis

55 A.D.2d 833, 390 N.Y.S.2d 317, 1976 N.Y. App. Div. LEXIS 15647
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 17, 1976
StatusPublished

This text of 55 A.D.2d 833 (People v. Lapis) 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. Lapis, 55 A.D.2d 833, 390 N.Y.S.2d 317, 1976 N.Y. App. Div. LEXIS 15647 (N.Y. Ct. App. 1976).

Opinion

Judgment unanimously modified by dismissing the conviction for criminal possession in the sixth degree under count one of the indictment and, as so modified, affirmed. Simons, J., not participating. Memorandum: The crime of criminal possession of a controlled substance in the sixth degree was a lesser included offense of criminal sale in the fifth degree and the verdict of guilty on the latter count is deemed a dismissal of the former (CPL 300.40, subd 3, par [b]; People v Grier, 37 NY2d 847; People v Lugo, 53 AD2d 650). (Appeal from judgment of Erie Supreme Court— criminal possession controlled substance, sixth degree.) Present—Moule, J. P., Cardamone, Simons, Dillon and Witmer, JJ.

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Related

People v. Grier
340 N.E.2d 471 (New York Court of Appeals, 1975)
People v. Lugo
53 A.D.2d 650 (Appellate Division of the Supreme Court of New York, 1976)

Cite This Page — Counsel Stack

Bluebook (online)
55 A.D.2d 833, 390 N.Y.S.2d 317, 1976 N.Y. App. Div. LEXIS 15647, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lapis-nyappdiv-1976.