People v. Palmer
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: County Court properly denied *884defendant’s request to charge criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03) as a lesser included offense of criminal possession of a controlled substance in the second degree (Penal Law § 220.18 [1]) and criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]). Although criminal possession of a controlled substance in the seventh degree is a proper lesser included offense of those greater offenses because it is theoretically impossible to commit…
2Cases cited8 opinions
- People v. GloverNew York Court of Appeals · 1982
- People v. ScarboroughNew York Court of Appeals · 1980
- People v. Van NorstrandNew York Court of Appeals · 1995
- People v. FloresAppellate Division of the Supreme Court of the State of New York · 1985
- People v. SuarezAppellate Division of the Supreme Court of the State of New York · 1989
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- People v. SpeedAppellate Division of the Supreme Court of the State of New York · 1996
- People v. BoldenAppellate Division of the Supreme Court of the State of New York · 2010
- People v. WalkerAppellate Division of the Supreme Court of the State of New York · 2002
- People v. PeytonAppellate Division of the Supreme Court of the State of New York · 1997
- People v. TownsendAppellate Division of the Supreme Court of the State of New York · 2016
6 more not listed; retrieve them via the Exa API.