People v. Lewis — 305 A.D.2d 996

Majority

p. 996

The People of the State of New York, Respondent, v Anthony A. Lewis, Appellant.

(Appeal No. 2.)

[758 NYS2d 573]

—Appeal from a judgment of Steuben County Court (Furfure, J.), entered March 27, 2000, convicting defendant after a jury trial of, inter alia, criminal possession of a controlled substance in the third degree (two counts).

It is hereby ordered that the judgment so appealed from be and the same hereby is affirmed.

Same memorandum as in People v Lewis ( 305 AD2d 993 [2003]).

All concur except Gorski and Lawton, JJ., who dissent and vote to reverse in accordance with the same dissenting memorandum as in People v Lewis ( 305 AD2d 993 [2003]). Present— Hurlbutt, J.P., Kehoe, Gorski, Lawton and Hayes, JJ.

Cases cited

People v. Lewis 305 AD2d 993 N.Y. App. Div. 2003-05-02 p. 996