From Casetext: Smarter Legal Research

People v. Melendez

Appellate Division of the Supreme Court of New York, First Department
Sep 25, 1997
242 A.D.2d 493 (N.Y. App. Div. 1997)

Opinion

September 25, 1997

Appeal from Supreme Court, New York County (Edwin Torres, J.).


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There was ample evidence of defendant's active participation in the sale ( see, People v Kaplan, 76 N.Y.2d 140).

Since the possession charge and the sale charge had different elements, and referred to different batches of drugs, the jury's verdict was not repugnant ( see, People v. Tucker, 55 N.Y.2d 1).

Since the charge as a whole made it clear to the jury that liability, based on accessorial conduct, required a finding that defendant acted with the mental culpability required for the commission of the crime, the charge properly conveyed the requisite legal standard and did not cause confusion ( People v Wise, 204 A.D.2d 133, lv denied 83 N.Y.2d 973).

Concur — Rosenberger, J.P., Ellerin, Williams, Tom and Colabella, JJ.


Summaries of

People v. Melendez

Appellate Division of the Supreme Court of New York, First Department
Sep 25, 1997
242 A.D.2d 493 (N.Y. App. Div. 1997)
Case details for

People v. Melendez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HILDA MELENDEZ…

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

Date published: Sep 25, 1997

Citations

242 A.D.2d 493 (N.Y. App. Div. 1997)
662 N.Y.S.2d 121

Citing Cases

People v. Moye

Cyrus R. Vance, Jr., District Attorney, New York (Jared Wolkowitz of Counsel), for respondent.Viewed as a…

People v. Moye

Viewed as a whole, including the supplemental instructions, we find that the court's instructions conveyed…