People v. Shaw

Appellate Division of the Supreme Court of New York

People v. Shaw

235 A.D.2d 310, 652 N.Y.S.2d 955, 1997 N.Y. App. Div. LEXIS 503

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

DecidedJanuary 23, 1997

StatusPublished

This text of 235 A.D.2d 310 (People v. Shaw) 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. Shaw, 235 A.D.2d 310, 652 N.Y.S.2d 955, 1997 N.Y. App. Div. LEXIS 503 (N.Y. Ct. App. 1997).

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Opinion

Judgment, Supreme Court, New York County (Shelia Abdus-Salaam, J.), rendered July 28, 1994, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to concurrent terms of 6 to 12 years and 2 to 4 years, respectively, unanimously affirmed.

Defendant’s challenges to the People’s summation are not preserved and we decline to review them in the interest of justice. Were we to review them, we would find that the challenged remarks, taken in context, did not dilute the reasonable doubt standard.

Defendant’s exceptions to the jury charge were insufficiently specific to preserve his present contentions for appellate review (see, People v Chin, 67 NY2d 22, 33-34). Were we to review them in the interest of justice, we would find that the charge, as a whole (see, People v Warren, 76 NY2d 773), properly conveyed to the jury that the People must prove defendant’s knowledge of the weight of the cocaine he possessed beyond a reasonable doubt, and that such knowledge may be inferred from the surrounding circumstances (see, People v Sanchez, 86 NY2d 27; People v Ryan, 82 NY2d 497, 505-506). Concur—Murphy, P. J., Rosenberger, Ellerin and Wallach, JJ.

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Judgment, Supreme Court, New York County (Shelia Abdus-Salaam, J.), rendered July 28, 1994, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to concurrent terms of 6 to 12 years and 2 to 4 years, respectively, unanimously affirmed.

Defendant’s challenges to the People’s summation are not preserved and we decline to review them in the interest of justice. Were we to review them, we would find that the challenged remarks, taken in context, did not dilute the reasonable doubt standard.

Defendant’s exceptions to the jury charge were insufficiently specific to preserve his present contentions for appellate review (see, People v Chin, 67 NY2d 22, 33-34). Were we to review them in the interest of justice, we would find that the charge, as a whole (see, People v Warren, 76 NY2d 773), properly conveyed to the jury that the People must prove defendant’s knowledge of the weight of the cocaine he possessed beyond a reasonable doubt, and that such knowledge may be inferred from the surrounding circumstances (see, People v Sanchez, 86 NY2d 27; People v Ryan, 82 NY2d 497, 505-506). Concur—Murphy, P. J., Rosenberger, Ellerin and Wallach, JJ.

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Bluebook (online)

235 A.D.2d 310, 652 N.Y.S.2d 955, 1997 N.Y. App. Div. LEXIS 503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-shaw-nyappdiv-1997.

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