People v. Furtick
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed.
Memorandum: On appeal from a judgment convicting him of criminal possession of a controlled substance in the first and third degrees and conspiracy in the second degree, defendant contends that Supreme Court erred in failing to charge the jury, with respect to criminal possession of a controlled substance in the first degree, that the People had to prove defendant’s knowledge of the weight of the controlled substance (see, Penal Law § 220.21 [1]; People v Ryan, 82 NY2d 497). That issue is unpreserved, and we decline to address it as a matter of discretion in the…
2Cases cited8 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- People v. RyanNew York Court of Appeals · 1993
- People v. YoungAppellate Division of the Supreme Court of the State of New York · 1994
- People v. MammarelloAppellate Division of the Supreme Court of the State of New York · 1994
- People v. NapoliAppellate Division of the Supreme Court of the State of New York · 1995
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3Cited by3 opinions
- People v. GreerAppellate Division of the Supreme Court of the State of New York · 1995
- People v. WrightAppellate Division of the Supreme Court of the State of New York · 1995
- People v. VogelAppellate Division of the Supreme Court of the State of New York · 1995