Legal Opinion
People v. Strong
Appellate Division of the Supreme Court of the State of New York
Decided December 16, 1977PublishedCited by 5 opinions
1Opinion of the Court
Judgment unanimously reversed, on the law, and a new trial granted. Memorandum: Defendant’s conviction of criminal sale of a controlled substance in the third degree should be reversed and a new trial ordered. The court’s refusal to charge the elements of criminal possession of a controlled substance in the seventh degree was reversible error. (People v Law, 41 NY2d 307, 313-314). "The test of whether a 'lesser included offense’ is to be submitted is certainly not that it is probable that the crime was actually committed or even that there is substantial evidence to support such a view. It…
2Cases cited5 opinions
- People v. RosarioNew York Court of Appeals · 1961
- People v. MalinskyNew York Court of Appeals · 1965
- People v. MirendaNew York Court of Appeals · 1969
- People v. ConklinAppellate Division of the Supreme Court of the State of New York · 1972
- People v. HarrisNew York Court of Appeals · 1974
3Cited by5 opinions
- People v. ChristopherAppellate Division of the Supreme Court of the State of New York · 1984
- People v. CogleAppellate Division of the Supreme Court of the State of New York · 1983
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 1987
- People v. StephensAppellate Division of the Supreme Court of the State of New York · 1995
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 1978