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PEOPLE v. QUINONES

286 A.D.2d 635 (2001)

730 N.Y.S.2d 429

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE QUINONES, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided September 25, 2001.

The court properly declined to deliver a circumstantial evidence charge since the evidence against defendant consisted of both direct and circumstantial evidence (see, People v Woolridge, 272 A.D.2d 242).

The court properly declined to charge criminal possession of a controlled substance in the seventh degree as a lesser included offense of criminal possession of a controlled substance in the third degree. Viewing the evidence...

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