People v. Lozano

Appellate Division of the Supreme Court of New York

People v. Lozano

282 A.D.2d 242, 722 N.Y.S.2d 859, 2001 N.Y. App. Div. LEXIS 3555

Appellate Division of the Supreme Court of the State of New York·Decided April 10, 2001·Published·Cited by 2 cases

Opinion

—Judgment, Supreme Court, New York County (Marcy Kahn, J.), rendered March 10, 1998, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the first and third degrees and criminal use of drug paraphernalia in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 15 years to life, 4V2 to 9 years and 1 year, unanimously affirmed.

The court properly refused to submit to the jury the lesser included offense of criminal possession of a controlled substance in the seventh degree, the only such offense requested by defendant, since there was no reasonable view of the evidence to warrant such a submission (see, People v Scarborough, 49 NY2d 364). Moreover, the jury’s verdict on the paraphernalia count establishes that it rejected the factual theory under which defendant sought submission of seventh-degree possession (see, People v Ruiz, 223 AD2d 418, lv denied 88 NY2d 853). Concur— Sullivan, P. J., Williams, Andrias, Rubin and Friedman, JJ.

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—Judgment, Supreme Court, New York County (Marcy Kahn, J.), rendered March 10, 1998, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the first and third degrees and criminal use of drug paraphernalia in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 15 years to life, 4V2 to 9 years and 1 year, unanimously affirmed.

The court properly refused to submit to the jury the lesser included offense of criminal possession of a controlled substance in the seventh degree, the only such offense requested by defendant, since there was no reasonable view of the evidence to warrant such a submission (see, People v Scarborough, 49 NY2d 364). Moreover, the jury’s verdict on the paraphernalia count establishes that it rejected the factual theory under which defendant sought submission of seventh-degree possession (see, People v Ruiz, 223 AD2d 418, lv denied 88 NY2d 853). Concur— Sullivan, P. J., Williams, Andrias, Rubin and Friedman, JJ.

People v. Lozano, 282 A.D.2d 242, 722 N.Y.S.2d 859, 2001 N.Y. App. Div. LEXIS 3555 (N.Y. Ct. App. 2001).

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Opinion

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