People v. Weathersby
Cases that cite this one
8 later published cases cite this decision.
- People v. Miller (N.Y. 2006)
- People v. Thomas (Appellate Division of the Supreme Court of New York 1991)
- In re Edward S. (Appellate Division of the Supreme Court of New York 1981)
- People v. Wheeler (Appellate Division of the Supreme Court of New York 1980)
- People v. Pettus (Appellate Division of the Supreme Court of New York 1978)
- People v. Lambertis (Appellate Division of the Supreme Court of New York 1978)
- People v. Diaz (Appellate Division of the Supreme Court of New York 1978)
- Klock v. Beekman (New York Supreme Court 1879)
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
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.