Legal Opinion

People v. Robbins

New York Court of Appeals

Decided November 22, 2005PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Kaye.

It is a class B felony to sell drugs within 1,000 feet of a school. Because we agree with the courts below that this distance is to be measured in a straight line between the nearest school and the point of sale, we uphold defendant’s conviction.

Penal Law § 220.44 (2) proscribes the third-degree criminal sale of a controlled substance “when such sale takes place upon school grounds.” School grounds, in turn, means not only “in or on or within” school buildings or school property, but also “any area accessible to the public located within one thousand feet…

2Cases cited6 opinions

  1. United States v. HendersonCourt of Appeals for the First Circuit · 2003
  2. United States v. Michael Joseph Johnson, United States of America v. Dolores Y. ElliottCourt of Appeals for the D.C. Circuit · 1995
  3. Commonwealth v. SpanoMassachusetts Supreme Judicial Court · 1993
  4. State v. VighCourt of Appeals of Utah · 1994
  5. Taylor Drug Stores, Inc. v. Indiana Alcoholic Beverage CommissionIndiana Court of Appeals · 1986

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Trumbull Falls, LLC v. Planning & Zoning CommissionConnecticut Appellate Court · 2006
  2. Steroco, Inc. v. SzymanskiConnecticut Appellate Court · 2016
  3. One Eighteen Housing Development Fund Inc. v. SmithCivil Court of the City of New York · 2017

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