PEOPLE v. SERRA


104 A.D.2d 66 (1984)

The People of the State of New York, Appellant, v. Juan Serra, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

November 20, 1984


Attorney(s) appearing for the Case

Donald Davidson of counsel (Joyce P. Adolfsen with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for appellant.

Victoria C. Morgan for respondent.

KUPFERMAN, J. P., SULLIVAN, CARRO and MILONAS, JJ., concur.


ALEXANDER, J.

We hold that the evidence adduced, if accepted by a jury, as it obviously was, was legally sufficient to establish defendant's guilt of the crimes of criminal possession and criminal sale of a controlled substance in the third degree in violation of sections 220.16 and 220.39 of the Penal Law and criminal possession of a controlled substance in the seventh degree (Penal Law, § 220.03). Thus, it was error for the trial court to grant...

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