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PEOPLE v. CRUZ

96 N.Y.2d 857 (2001)

754 N.E.2d 1112

730 N.Y.S.2d 29

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANGEL CRUZ, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GAMILIET ROSARIO, Appellant.

Court of Appeals of the State of New York.

Decided June 28, 2001.

Attorney(s) appearing for the Case

Woods Oviatt Gilman, L. L. P., Rochester (Michael J. Nolan of counsel), for appellant in the first above-entitled action.

Howard R. Relin, District Attorney of Monroe County, Rochester (Alan Cruikshank of counsel), for respondent in the first above-entitled action.

Barbara S. Greathead, Rochester, for appellant in the second above-entitled action.

Howard R. Relin, District Attorney of Monroe County, Rochester (Patrick H. Fierro of counsel), for respondent in the second above-entitled action.

Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division in each case should be affirmed.

Defendants appeal their convictions of first degree criminal trespass, third degree criminal possession of a weapon, and two counts of seventh degree criminal possession of a controlled substance. Their arguments that the trial court should have given a "moral certainty" charge, that the indictment was multiplicitous (see, People v Sykes,...

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