PEOPLE v. LUTHER


61 N.Y.2d 724 (1984)

The People of the State of New York, Respondent, v. William L. Luther, II, Appellant.

Court of Appeals of the State of New York.

Decided January 12, 1984.


Attorney(s) appearing for the Case

J. Raymond Fisher for appellant.

Sol Greenberg, District Attorney (F. Patrick Jeffers and Lynda L. Venezia of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed and the indictment dismissed.

Defendant was indicted for criminal sale of a controlled substance. The Trial Judge charged criminal facilitation and criminal possession of a controlled substance as lesser included offenses, over objection as to facilitation. The jury acquitted defendant of the sale, convicted him of facilitation and therefore as instructed...

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