Legal Opinion · Concurrence

People v. Perez

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

Decided November 2, 2000Published

1ConcurrenceSaxe, J.

Defendant cannot prevail on his challenge to his convictions for drug sales near school grounds. The People satisfied their burden of proving that each of the four drug sales at issue took place “upon school grounds” as.that phrase is defined by the Penal Law.

Penal Law § 220.44 (2) makes it a crime to sell a controlled substance “upon school grounds.” Penal Law § 220.00 (14), in pertinent part, defines “school grounds” as: “any area accessible to the public located within one thousand feet of the real property boundary line comprising any such school * * *. For the purposes of this section an…

2Cases cited2 opinions

  1. People v. DavisAppellate Division of the Supreme Court of the State of New York · 1994
  2. People v. GainesNew York Supreme Court · 1996

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