Home/New York Court of Appeals/People v. Weathersby

People v. Weathersby

376 N.E.2d 908, 44 N.Y.2d 686, 44 N.Y. 686, 405 N.Y.S.2d 436, 1978 N.Y. LEXIS 1904
CourtNew York Court of Appeals
DecidedMarch 28, 1978
StatusPublished
Cited by8 cases

This text of 376 N.E.2d 908 (People v. Weathersby) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Weathersby, 376 N.E.2d 908, 44 N.Y.2d 686, 44 N.Y. 686, 405 N.Y.S.2d 436, 1978 N.Y. LEXIS 1904 (N.Y. 1978).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Inasmuch as the offenses of criminal possession of a controlled substance in the third degree and criminal sale of a controlled substance in the third degree are both class A-III felonies subject to the same penal sanctions, the former cannot be a lesser inclusory concurrent count with respect to the latter within the meaning of CPL 300.40 (subd 3, par [b]). CPL 300.40 makes provision with respect to lesser and greater counts but not for equivalent counts. Nor do we find any merit to defendant’s contention that there is insufficient evidence to sustain his convictions.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.

Order affirmed.

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

Related

People v. Miller
845 N.E.2d 451 (New York Court of Appeals, 2006)
People v. Thomas
174 A.D.2d 994 (Appellate Division of the Supreme Court of New York, 1991)
In re Edward S.
80 A.D.2d 585 (Appellate Division of the Supreme Court of New York, 1981)
People v. Wheeler
79 A.D.2d 622 (Appellate Division of the Supreme Court of New York, 1980)
People v. Lambertis
65 A.D.2d 802 (Appellate Division of the Supreme Court of New York, 1978)
People v. Diaz
65 A.D.2d 929 (Appellate Division of the Supreme Court of New York, 1978)
People v. Pettus
65 A.D.2d 629 (Appellate Division of the Supreme Court of New York, 1978)
Klock v. Beekman
25 N.Y. Sup. Ct. 502 (New York Supreme Court, 1879)

Cite This Page — Counsel Stack

Bluebook (online)
376 N.E.2d 908, 44 N.Y.2d 686, 44 N.Y. 686, 405 N.Y.S.2d 436, 1978 N.Y. LEXIS 1904, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-weathersby-ny-1978.