Majority
p. 952The 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.
Cases cited
- People v. Contes 60 NY2d 620 at 621 p. 952
- People v. Bleakley 69 NY2d 490 at 495 p. 952
- People v. Peckens 153 NY 576 p. 953