People v. Quinones

286 A.D.2d 635, 730 N.Y.S.2d 429, 2001 N.Y. App. Div. LEXIS 8817

Opinion

—Judgment, Supreme Court, New York County (Ronald Zweibel, J.), rendered February 4, 1998, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, criminal sale of a controlled substance in or near school grounds and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to three concurrent terms of 6 to 12 years, unanimously affirmed.

The court properly declined to deliver a circumstantial evidence charge since the evidence against defendant consisted of both direct and circumstantial evidence (see, People v Woolridge, 272 AD2d 242).

The court properly declined to charge criminal possession of a controlled substance in the seventh degree as a lesser included offense of criminal possession of a controlled substance in the third degree. Viewing the evidence in a light most favorable to defendant, there was no reasonable view that he possessed the drugs found in his possession for any reason other than to sell them (see, People v Barksdale, 265 AD2d 223, lv denied 94 NY2d 877).

The court properly corrected the original misstatement in its charge regarding the requisite mental state required for a conviction of criminal sale of a controlled substance in or near school grounds (see, People v Gonzalez, 240 AD2d 255, lv denied 90 NY2d 1011). Concur — Nardelli, J. P., Williams, Tom, Andrias and Marlow, JJ.