People v. Sutton
Cases that cite this one
3 later published cases cite this decision.
- People v. McFadden (Appellate Division of the Supreme Court of New York 2011)
- People v. McFadden (N.Y. 2012)
- People v. Johnson (Appellate Division of the Supreme Court of New York 2002)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kohm, J.), rendered February 28, 2000, convicting him of criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
At his first trial, the defendant was convicted of, among other things, criminal possession of a controlled substance in the seventh degree, which is a lesser-included offense of criminal possession of a controlled substance in the third degree (see, People v Biggs, 280 AD2d 484; People v Owens, 249 AD2d 419, 420). As the People correctly concede, the conviction of criminal possession of a controlled substance in the seventh degree is deemed an acquittal of criminal possession in a controlled substance in the third degree (see, CPL 300.50 [4]), and “a retrial on the greater offense would be barred under settled double jeopardy principles” (People v Boettcher, 69 NY2d 174, 182; see, People v Helliger, 96 NY2d 462, 466). Accordingly, the defendant’s conviction of criminal possession of a controlled substance in the third degree must be reversed and the second count of the indictment dismissed. Altman, J. P., Smith, Adams and Prudenti, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.