People v. Rivers

Appellate Division of the Supreme Court of New York

People v. Rivers

59 A.D.2d 847, 399 N.Y.S.2d 12, 1977 N.Y. App. Div. LEXIS 13995

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

DecidedNovember 3, 1977

StatusPublished

Cited by2 cases

This text of 59 A.D.2d 847 (People v. Rivers) 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. Rivers, 59 A.D.2d 847, 399 N.Y.S.2d 12, 1977 N.Y. App. Div. LEXIS 13995 (N.Y. Ct. App. 1977).

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Opinion

Judgment, Supreme Court, New York County, rendered July 8, 1975, convicting defendant after jury trial of two counts of criminal sale of a controlled substance, third degree, three counts of criminal possession of a controlled substance, seventh degree, and one count of criminal possession of a controlled substance, fifth degree, unanimously modified, on the law, to dismiss counts three and six of the indictment charging criminal possession of a controlled substance in the seventh degree, and otherwise affirmed. On the facts of this case, the defendant could not have committed the criminal sales in the third degree without having committed criminal possession in the seventh degree as charged in the third and sixth counts of the indictment. Where the verdict is comprised of inclusory concurrent counts, a verdict of guilty on the greater is deemed a dismissal of the lesser counts. (People v Lee, 39 NY2d 388, 390; People v Arbore, 48 AD2d 615.) We have examined the other points raised by appellant and find them without merit. Concur—Murphy, P. J., Birns, Evans and Capozzoli, JJ.

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Judgment, Supreme Court, New York County, rendered July 8, 1975, convicting defendant after jury trial of two counts of criminal sale of a controlled substance, third degree, three counts of criminal possession of a controlled substance, seventh degree, and one count of criminal possession of a controlled substance, fifth degree, unanimously modified, on the law, to dismiss counts three and six of the indictment charging criminal possession of a controlled substance in the seventh degree, and otherwise affirmed. On the facts of this case, the defendant could not have committed the criminal sales in the third degree without having committed criminal possession in the seventh degree as charged in the third and sixth counts of the indictment. Where the verdict is comprised of inclusory concurrent counts, a verdict of guilty on the greater is deemed a dismissal of the lesser counts. (People v Lee, 39 NY2d 388, 390; People v Arbore, 48 AD2d 615.) We have examined the other points raised by appellant and find them without merit. Concur—Murphy, P. J., Birns, Evans and Capozzoli, JJ.

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Bluebook (online)

59 A.D.2d 847, 399 N.Y.S.2d 12, 1977 N.Y. App. Div. LEXIS 13995, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rivers-nyappdiv-1977.

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