People v. Sparrow

Appellate Division of the Supreme Court of New York

People v. Sparrow

211 A.D.2d 577, 622 N.Y.S.2d 449, 1995 N.Y. App. Div. LEXIS 567

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

DecidedJanuary 26, 1995

StatusPublished

This text of 211 A.D.2d 577 (People v. Sparrow) 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. Sparrow, 211 A.D.2d 577, 622 N.Y.S.2d 449, 1995 N.Y. App. Div. LEXIS 567 (N.Y. Ct. App. 1995).

Pincite

Opinion

Appeal from judgment, Supreme Court, Bronx County (Stephen Lloyd Barrett, J.), rendered July 2, 1992, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, 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 5 to 10 years, 5 to 10 years and 2Vi to 5 years, respectively, unanimously held in abeyance, the motion to relieve counsel of his assignment granted and new counsel assigned.

Counsel has failed to raise and analyze a potentially meritorious issue concerning defendant’s conviction for criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06 [5]), namely, whether the People proved the weight requirement under that statute (see, People v Ryan, 82 NY2d 497). "Since our own review cannot substitute for the single-minded advocacy of appellate counsel, assignment of new appellate counsel is required.” (People v Guerrone, 197 AD2d 460, 461.) Concur—Sullivan, J. R, Ellerin, Kupferman and Williams, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from judgment, Supreme Court, Bronx County (Stephen Lloyd Barrett, J.), rendered July 2, 1992, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, 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 5 to 10 years, 5 to 10 years and 2Vi to 5 years, respectively, unanimously held in abeyance, the motion to relieve counsel of his assignment granted and new counsel assigned.

Counsel has failed to raise and analyze a potentially meritorious issue concerning defendant’s conviction for criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06 [5]), namely, whether the People proved the weight requirement under that statute (see, People v Ryan, 82 NY2d 497). "Since our own review cannot substitute for the single-minded advocacy of appellate counsel, assignment of new appellate counsel is required.” (People v Guerrone, 197 AD2d 460, 461.) Concur—Sullivan, J. R, Ellerin, Kupferman and Williams, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

211 A.D.2d 577, 622 N.Y.S.2d 449, 1995 N.Y. App. Div. LEXIS 567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sparrow-nyappdiv-1995.

Opinion

Related

Cite This Page — Counsel Stack