PEOPLE v. TINEO (2005)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Edward TINEO, Defendant-Appellant.

Decided: March 08, 2005

TOM, J.P., SAXE, ELLERIN, NARDELLI, SWEENY, JJ.

Laura R. Johnson, The Legal Aid Society, New York (Jeffrey I. Richman of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Ameer Benno of counsel), for respondent.

Judgment, Supreme Court, New York County (William Leibovitz, J.), rendered April 2, 2001, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.

The court properly declined to charge criminal possession of a controlled substance in the seventh degree as a lesser included offense. Given the large quantity of drugs possessed by defendant, their packaging, and the police observation of defendant making what appeared to be a sale immediately prior to his arrest, there was no reasonable view of the evidence to support a finding that defendant's possession was without intent to sell (see People v. Scarborough, 49 N.Y.2d 364, 426 N.Y.S.2d 224, 402 N.E.2d 1127 [1980]; People v. Henry, 272 A.D.2d 238, 708 N.Y.S.2d 382 [2000], lv. denied 95 N.Y.2d 890, 715 N.Y.S.2d 382, 738 N.E.2d 786 [2000] ).

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network