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People v. Morgan

209 A.D.2d 952 Court N.Y. App. Div. Decision date 1994-11-16 English

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p. 952
The People of the State of New York, Respondent, v Richard Morgan, Appellant.
[619 NYS2d 983]

—Judgment unanimously affirmed. Memorandum: The evidence, viewed in the light most favorable to the People (see, People v Contes, 60 NY2d 620 , 621), is sufficient to support defendant’s conviction of conspiracy in the second degree (Penal Law § 105.15) and criminal possession of a controlled substance in the first degree (Penal Law § 220.21 [1]), and the verdict is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490 , 495).

We reject defendant’s contentions that the conspiracy count

p. 953
of the indictment is jurisdictionally defective (Penal Law § 105.25 [1]; see, People v Peckens, 153 NY 576 ) and that defendant’s retrial is barred by the constitutional and statutory protections against double jeopardy (see, People v Perkins, 156 AD2d 595 , lv denied 76 NY2d 740 ). (Appeal from Judgment of Oneida County Court, Buckley, J.—Criminal Possession Controlled Substance, 1st Degree.) Present—Denman, P. J., Green, Fallon, Callahan and Boehm, JJ.

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