People v. Cruz — 96 N.Y.2d 857

Majority

p. 857

[754 NE2d 1112, 730 NYS2d 29]

The People of the State of New York, Respondent, v Angel Cruz, Appellant. The People of the State of New York, Respondent, v Gamiliet Rosario, Appellant.

Argued and submitted June 7, 2001;

decided June 28, 2001

APPEARANCES OF COUNSEL

Woods Oviatt Gilman, L. L. P., Rochester (Michael J. Nolan of counsel), for appellant in the first above-entitled action.

p. 858

Howard, R. Relin, District Attorney of Monroe County, Rochester (Alan Cruikshank of counsel), for respondent in the first above-entitled action.

Barbara S. Greathead, Rochester, for appellant in the second above-entitled action.

Howard R. Relin, District Attorney of Monroe County, Rochester (Patrick H. Fierro of counsel), for respondent in the second above-entitled action.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division in each case should be affirmed.

Defendants appeal their convictions of first degree criminal trespass, third degree criminal possession of a weapon, and two counts of seventh degree criminal possession of a controlled substance. Their arguments that the trial court should have given a “moral certainty” charge, that the indictment was multiplicitous (see, People v Sykes, 22 NY2d 159 ), and Cruz’s challenge to the legal sufficiency of the evidence regarding the length of the shotgun barrel are unpreserved for our review. Defendants’ remaining arguments are without merit.

Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley, Rosenblatt and Graffeo concur.

In each case: Order affirmed in a memorandum.

Cases cited

People v. Sykes 22 NY2d 159 N.Y. 1968-05-29 p. 858