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People v. Anthony

Appellate Division of the Supreme Court of New York, First Department
Dec 13, 2007
46 A.D.3d 326 (N.Y. App. Div. 2007)

Opinion

No. 2363 2033/03.

December 13, 2007.

Judgment, Supreme Court, Bronx County (Richard Lee Price, J.), rendered February 9, 2006, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third and seventh degrees and two counts of conspiracy in the fourth degree, and sentencing him, as a persistent felony offender, to an aggregate term of 20 years to life, unanimously affirmed.

Robert S. Dean, Center for Appellate Litigation, New York (Bruce D. Austern of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Bryan C. Hughes of counsel), for respondent.

Before: Friedman, J.P., Marlow, Nardelli and Catterson, JJ.


Based on our "analysis of competing inferences presented by the record" ( People v Brown, 90 NY2d 872, 874), we find that defendant consented to the court's submission of written instructions to the deliberating jury, in response to its request for such instructions ( see CPL 310.30).

The court properly exercised its discretion in sentencing defendant as a persistent felony offender, and we perceive no basis to reduce the sentence. The adjudication procedure was constitutional ( People v Rivera, 5 NY3d 61, cert denied 546 US 984).


Summaries of

People v. Anthony

Appellate Division of the Supreme Court of New York, First Department
Dec 13, 2007
46 A.D.3d 326 (N.Y. App. Div. 2007)
Case details for

People v. Anthony

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent v. ANTHONY WINDLEY…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 13, 2007

Citations

46 A.D.3d 326 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 9892
847 N.Y.S.2d 533

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