Legal Opinion

People v. Mammarello

Appellate Division of the Supreme Court of the State of New York

Decided November 16, 1994PublishedCited by 4 opinions

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: Defendant contends that Supreme Court’s instructions to the jury on counts three, *1000four, five, seven and eight of the indictment were erroneous because they did not inform the jury that the People must prove that defendant had knowledge of the weight of the controlled substance (see, People v Ryan, 82 NY2d 497). Defendant concedes that he did not request such a charge or object to the charge with respect to the weight element. Thus, any error in the charge has not been preserved for review, and we decline to review that issue as a matter of…

2Cases cited3 opinions

  1. People v. RyanNew York Court of Appeals · 1993
  2. People v. IveyAppellate Division of the Supreme Court of the State of New York · 1994
  3. People v. YoungAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by4 opinions

  1. People v. ScottAppellate Division of the Supreme Court of the State of New York · 1994
  2. People v. NapoliAppellate Division of the Supreme Court of the State of New York · 1995
  3. People v. EcholsAppellate Division of the Supreme Court of the State of New York · 1994
  4. People v. FurtickAppellate Division of the Supreme Court of the State of New York · 1995

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