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People v. George

Appellate Division of the Supreme Court of New York, Second Department
Jun 3, 1985
111 A.D.2d 767 (N.Y. App. Div. 1985)

Opinion

June 3, 1985

Appeal from the County Court, Nassau County (Samenga, J.).


Judgment affirmed.

Defendant argues that his conviction of criminal sale of a controlled substance in the first degree should be reversed because the People did not properly establish that the cocaine sold weighed the requisite two or more ounces ( see, Penal Law § 220.43). However, a "sale" for purposes of this offense includes not only an actual exchange, but also an "offer" to sell ( see, Penal Law § 220.00). Defendant's accomplice offered to sell more than two ounces of the cocaine, stating as he handed the package to an undercover officer, "the weight was a little bit over" the two ounces that were to be sold. Defendant's guilt of first degree sale has therefore been proven beyond a reasonable doubt.

We have considered defendant's remaining contentions and find them to be without merit. Mangano, J.P., Gibbons, Niehoff and Lawrence, JJ., concur.


Summaries of

People v. George

Appellate Division of the Supreme Court of New York, Second Department
Jun 3, 1985
111 A.D.2d 767 (N.Y. App. Div. 1985)
Case details for

People v. George

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN GEORGE, Appellant

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

Date published: Jun 3, 1985

Citations

111 A.D.2d 767 (N.Y. App. Div. 1985)

Citing Cases

People v. Braithwaite

Here, nothing was exchanged and defendant took no steps in furtherance of implementing the offer to sell…