PEOPLE v. GONZALEZ


99 N.Y.2d 76 (2002)

781 N.E.2d 894

751 N.Y.S.2d 830

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE GONZALEZ, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS LOPEZ, Appellant.

Court of Appeals of the State of New York.

Decided October 24, 2002.


Attorney(s) appearing for the Case

White & Case LLP, New York City (Douglas A. Eisner, Marc L. Moore and Stefan M. Mentzer of counsel), and Legal Aid Society Criminal Appeals Bureau, Brooklyn (Andrew C. Fine of counsel) for appellant in the first above-entitled action.

Robert M. Morgenthau, District Attorney, New York City (Christopher P. Marinelli and Mark Dwyer of counsel), for respondent in the first above-entitled action.

Center for Appellate Litigation, New York City (Jonathan M. Kirshbaum and Robert S. Dean of counsel), for appellant in the second above-entitled action.

Robert T. Johnson, District Attorney, Bronx (Kimberly Morgan, Joseph N. Ferdenzi and Nancy D. Killian of counsel), for respondent in the second above-entitled action.

Chief Judge KAYE and Judges LEVINE, WESLEY, ROSENBLATT and GRAFFEO concur with Judge CIPARICK; Judge SMITH dissents and votes to reverse in a separate opinion.


OPINION OF THE COURT

CIPARICK, J.

Defendant in each of these unrelated appeals was convicted of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]) and criminal sale of a controlled substance in or near school grounds (Penal Law § 220.44 [2]) based on a single drug transaction. Defendants now claim that their simultaneous convictions for offenses based on a single...

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