People v. Mills

Appellate Division of the Supreme Court of New York

People v. Mills

308 A.D.2d 386, 764 N.Y.S.2d 622, 2003 N.Y. App. Div. LEXIS 9691

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

DecidedSeptember 23, 2003

StatusPublished

This text of 308 A.D.2d 386 (People v. Mills) 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. Mills, 308 A.D.2d 386, 764 N.Y.S.2d 622, 2003 N.Y. App. Div. LEXIS 9691 (N.Y. Ct. App. 2003).

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Opinion

—Judgment, Supreme Court, New York County (Rosalyn Richter, J.), rendered April 5, 2000, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to concurrent terms of 6 to 12 years, unanimously affirmed.

Defendant’s challenge to the sufficiency of the evidence is un[387]*387preserved (People v Gray, 86 NY2d 10 [1995]), and we decline to review it in the interest of justice. Were we to review this claim, we would find that the evidence warranted the conclusion that defendant acted as a steerer and lookout in the drug transaction (see People v Bello, 92 NY2d 523 [1998]).

The court properly declined to charge criminal facilitation in the fourth degree, since criminal facilitation is not a lesser included offense of criminal sale of a controlled substance, irrespective of whether the indictment alleges accessorial conduct (People v Atkins, 173 AD2d 424 [1991], lv denied 78 NY2d 961 [1991]).

We perceive no basis for reducing the sentence. Concur— Buckley, P.J., Nardelli, Tom, Mazzarelli and Gonzalez, JJ.

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—Judgment, Supreme Court, New York County (Rosalyn Richter, J.), rendered April 5, 2000, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to concurrent terms of 6 to 12 years, unanimously affirmed.

Defendant’s challenge to the sufficiency of the evidence is un[387]*387preserved (People v Gray, 86 NY2d 10 [1995]), and we decline to review it in the interest of justice. Were we to review this claim, we would find that the evidence warranted the conclusion that defendant acted as a steerer and lookout in the drug transaction (see People v Bello, 92 NY2d 523 [1998]).

The court properly declined to charge criminal facilitation in the fourth degree, since criminal facilitation is not a lesser included offense of criminal sale of a controlled substance, irrespective of whether the indictment alleges accessorial conduct (People v Atkins, 173 AD2d 424 [1991], lv denied 78 NY2d 961 [1991]).

We perceive no basis for reducing the sentence. Concur— Buckley, P.J., Nardelli, Tom, Mazzarelli and Gonzalez, JJ.

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Bluebook (online)

308 A.D.2d 386, 764 N.Y.S.2d 622, 2003 N.Y. App. Div. LEXIS 9691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mills-nyappdiv-2003.

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