People v. McLoud

Appellate Division of the Supreme Court of New York

People v. McLoud

261 A.D.2d 971, 693 N.Y.S.2d 465, 1999 N.Y. App. Div. LEXIS 5125

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

DecidedMay 7, 1999

StatusPublished

This text of 261 A.D.2d 971 (People v. McLoud) 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. McLoud, 261 A.D.2d 971, 693 N.Y.S.2d 465, 1999 N.Y. App. Div. LEXIS 5125 (N.Y. Ct. App. 1999).

Pincite

Opinion

—Motion for writ of error coram nobis denied. Memorandum: We reject the contention of defendant that the People failed to establish his knowledge of the weight of the controlled substance sold to an informant pursuant to People v Ryan (82 NY2d 497). Ryan was controlling at the time the underlying offenses were committed (see, L 1995, ch 75; People v Lamont, 227 AD2d 873). Under Ryan, knowledge may be inferred from several factors, including negotiations concerning weight or price (see, People v Ryan, supra, at 505). The People presented evidence of negotiations between defendant and an informant for the sale of cocaine, including discussions of weight and price. Because defendant’s contention lacks merit, appellate counsel was not ineffective for failing to raise it on direct appeal. Present — Green, J. P., Pine, Scudder and Balio, JJ.

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—Motion for writ of error coram nobis denied. Memorandum: We reject the contention of defendant that the People failed to establish his knowledge of the weight of the controlled substance sold to an informant pursuant to People v Ryan (82 NY2d 497). Ryan was controlling at the time the underlying offenses were committed (see, L 1995, ch 75; People v Lamont, 227 AD2d 873). Under Ryan, knowledge may be inferred from several factors, including negotiations concerning weight or price (see, People v Ryan, supra, at 505). The People presented evidence of negotiations between defendant and an informant for the sale of cocaine, including discussions of weight and price. Because defendant’s contention lacks merit, appellate counsel was not ineffective for failing to raise it on direct appeal. Present — Green, J. P., Pine, Scudder and Balio, JJ.

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Bluebook (online)

261 A.D.2d 971, 693 N.Y.S.2d 465, 1999 N.Y. App. Div. LEXIS 5125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcloud-nyappdiv-1999.

Opinion

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