People v. Rivas

Appellate Division of the Supreme Court of New York

People v. Rivas

155 A.D.2d 281, 547 N.Y.S.2d 553, 1989 N.Y. App. Div. LEXIS 13829

Procedural entryThis page is a short order in People v. Rivas. Read the opinion of the Court — 175 A.D.2d 186 →

Appellate Division of the Supreme Court of the State of New York·Decided November 9, 1989·Published

Opinion

— Judgment, Supreme Court, New York County (Leslie C. Snyder, J.), rendered June 2, 1987, convicting defendant after jury trial of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third and fourth degrees, and sentencing him to 1 to 3 years’ imprisonment, affirmed.

Defendant’s claim has not been preserved for appellate review as a matter of law. Even if it had been, the precise instructions on acting in concert clearly eliminated any confusion that might have resulted from the Trial Judge’s use of a hypothetical in the charge to the jury. Concur — Rosy, J. P., Carro, Asch, Kassal and Smith, JJ.

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— Judgment, Supreme Court, New York County (Leslie C. Snyder, J.), rendered June 2, 1987, convicting defendant after jury trial of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third and fourth degrees, and sentencing him to 1 to 3 years’ imprisonment, affirmed.

Defendant’s claim has not been preserved for appellate review as a matter of law. Even if it had been, the precise instructions on acting in concert clearly eliminated any confusion that might have resulted from the Trial Judge’s use of a hypothetical in the charge to the jury. Concur — Rosy, J. P., Carro, Asch, Kassal and Smith, JJ.

People v. Rivas, 155 A.D.2d 281, 547 N.Y.S.2d 553, 1989 N.Y. App. Div. LEXIS 13829 (N.Y. Ct. App. 1989).

Pincite

155 A.D.2d 281 (People v. Rivas) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.