Legal Opinion
People v. Davis
New York Court of Appeals
Decided November 24, 2009No. 172PublishedCited by 31 opinions
1Opinion of the Court
OPINION OF THE COURT
CIPARICK, J.
On this appeal, we are asked to determine whether it was error for Supreme Court to refuse to charge criminal possession of a controlled substance in the seventh degree as a lesser included offense of criminal sale of a controlled substance in the third degree when an agency defense was properly submitted to the jury. Applying the test articulated in People v Glover (57 NY2d 61, 63 [1982]), because it is possible to sell drugs without concomitantly, by the same conduct, possessing them, we hold that criminal possession is not a lesser included offense of…
2Cases cited8 opinions
- People v. GloverNew York Court of Appeals · 1982
- People v. Lam Lek ChongNew York Court of Appeals · 1978
- People v. MillerNew York Court of Appeals · 2006
- People v. AndujasNew York Court of Appeals · 1992
- People v. JamesNew York Court of Appeals · 2008
3 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- People v. MuhammadNew York Court of Appeals · 2011
- People v. WatsonNew York Court of Appeals · 2012
- People v. BerryAppellate Division of the Supreme Court of the State of New York · 2010
- People v. PetersonAppellate Division of the Supreme Court of the State of New York · 2014
- People v. DemusAppellate Division of the Supreme Court of the State of New York · 2011
26 more not listed; retrieve them via the Exa API.