Appellate Division of the Supreme Court of New York, 1997

People v. Escalera

People v. Escalera
Appellate Division of the Supreme Court of New York · Decided January 28, 1997
235 A.D.2d 351; 653 N.Y.S.2d 315; 1997 N.Y. App. Div. LEXIS 617
People v. Escalera

Opinion of the Court

Judgment, Supreme Court, New York County (Patricia Williams, J.), rendered May 11,1994, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4½ to 9 years, unanimously affirmed.

The trial court properly denied defendant’s request for a jury charge on the lesser included offense of criminal possession of a controlled substance in the seventh degree where defendant denied the elements of such lesser included offense (People v Scarborough, 49 NY2d 364, 370). Concur—Sullivan, J. P., Milonas, Rosenberger and Tom, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.