Appellate Division of the Supreme Court of New York, 2002

People v. Spence

Appellate Division of the Supreme Court of New York · Decided January 3, 2002

290 A.D.2d 223; 735 N.Y.S.2d 756; 2002 N.Y. App. Div. LEXIS 194

Cases that cite this one

38 later published cases cite this decision. The 25 that cite it most often are listed here.

People v. Black (Appellate Division of the Supreme Court of New York 2009)
People v. Ramos (Appellate Division of the Supreme Court of New York 2005)
People v. Richardson (Appellate Division of the Supreme Court of New York 2005)
People v. Nelson (Appellate Division of the Supreme Court of New York 2005)
People v. Gomez (Appellate Division of the Supreme Court of New York 2005)
People v. Evans (Appellate Division of the Supreme Court of New York 2004)
People v. Whyte (Appellate Division of the Supreme Court of New York 2004)
People v. Jones (Appellate Division of the Supreme Court of New York 2004)
People v. Blak (Appellate Division of the Supreme Court of New York 2004)
People v. Brown (Appellate Division of the Supreme Court of New York 2004)
People v. Forbes (Appellate Division of the Supreme Court of New York 2004)
People v. Martinez (Appellate Division of the Supreme Court of New York 2004)
People v. Alaouie (Appellate Division of the Supreme Court of New York 2004)
People v. Trinidad (Appellate Division of the Supreme Court of New York 2004)
People v. Parker (Appellate Division of the Supreme Court of New York 2004)
People v. Davis (Appellate Division of the Supreme Court of New York 2004)
People v. Williams (Appellate Division of the Supreme Court of New York 2004)
People v. Howie (Appellate Division of the Supreme Court of New York 2003)
People v. Scarver (Appellate Division of the Supreme Court of New York 2003)
People v. Smith (Appellate Division of the Supreme Court of New York 2003)
People v. Smith (Appellate Division of the Supreme Court of New York 2003)
People v. Williams (Appellate Division of the Supreme Court of New York 2003)
People v. Itchier (Appellate Division of the Supreme Court of New York 2003)
People v. Oguendo (Appellate Division of the Supreme Court of New York 2003)
People v. Perry (Appellate Division of the Supreme Court of New York 2003)

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

Judgment, Supreme Court, Bronx County (Robert Seewald, J.), rendered *224November 3, 1999, convicting defendant, after a jury trial, of criminal sale of a controlled substance in or near school grounds, criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the fourth degree, and sentencing him to concurrent terms of 4 to 12 years on the sale convictions and 3 to 9 years on the possession conviction, unanimously affirmed.

The verdict was not against the weight of the evidence. There is no basis upon which to disturb the jury’s determinations concerning credibility. The evidence warranted the conclusion that the distance between the drug transaction and the school in question was accurately measured and that the 1,000-foot requirement of Penal Law § 220.00 (14) (b) and § 220.44 (2) had been met.

, Defendant’s claim that the court’s charge insufficiently delineated the separate elements of the crimes charged requires preservation (see, People v Robinson, 88 NY2d 1001), and we decline to review this unpreserved claim in the interest of justice. Were we to review this claim, we would find that the court properly instructed the jury on the elements of the crimes (see, People v Fields, 87 NY2d 821) and that the charge was not confusing and did not misstate the burden of proof. Defendant’s challenge to the charge is one of form rather than substance.

We perceive no basis for reduction of sentence.

We decline to invoke our interest of justice jurisdiction to dismiss the noninclusory concurrent count (People v Lee, 287 AD2d 299). Concur — Sullivan, J.P., Rosenberger, Lerner, Rubin and Buckley, JJ. [As amended by unpublished order entered Feb. 26, 2002.]

Case-law data current through September 30, 2026. Source: CourtListener bulk data.