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

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

DecidedNovember 9, 1989

StatusPublished

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

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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.

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Bluebook (online)

155 A.D.2d 281, 547 N.Y.S.2d 553, 1989 N.Y. App. Div. LEXIS 13829, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rivas-nyappdiv-1989.