People v. Medina

Decision Date10 March 1994
Citation202 A.D.2d 256,608 N.Y.S.2d 648
PartiesThe PEOPLE of the State of New York, Respondent, v. Lepido MEDINA, Defendant-Appellant.
CourtNew York Supreme Court — Appellate Division

Before ROSENBERGER, J.P., and ROSS, ASCH, RUBIN and TOM, JJ.

MEMORANDUM DECISION.

Judgment, Supreme Court, New York County, (Mary McGowan Davis, J.), rendered June 4, 1991, convicting defendant, after a non-jury trial, of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree, and criminal possession of a controlled substance in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of 4 1/2 to 9 years, 4 1/2 to 9 years, and 3 to 6 years, respectively, unanimously modified, on the law, the facts and as a matter of discretion in the interest of justice, to dismiss those counts of the indictment charging defendant with criminal possession of a controlled substance in the third and fourth degrees, and, except as so modified, affirmed.

Since there was no indication that defendant, who was aided by counsel and a court interpreter, lacked understanding of the consequences of his duly executed waiver of jury trial (CPL 320.10[2], no colloquy between the court and defendant was required (People v. Dominy, 116 A.D.2d 851, 852, 498 N.Y.S.2d 268, lv. denied, 67 N.Y.2d 942, 502 N.Y.S.2d 1034, 494 N.E.2d 119), although we deem same to be more appropriate.

As the People concede, although the possession counts are not lesser included offenses of the sale count, they should be dismissed in the interest of justice since possession of the same cocaine formed the basis of the sale count (People v. Velasquez, 153 A.D.2d 810, 811, 545 N.Y.S.2d 288, lv. denied 75 N.Y.2d 819, 552 N.Y.S.2d 569, 551 N.E.2d 1247).

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4 cases
  • People v. Driver
    • United States
    • New York Supreme Court
    • December 16, 2021
    ... ... [2002]). Since nothing in the record would have alerted the ... court to the possibility that defendant was not fully aware ... of the consequences of waiving a jury trial, no inquiry into ... defendant's awareness was necessary (see People v ... Medina, 202 A.D.2d 256, 257 [1994]; People v ... Burnett, 136 A.D.2d 888 [1988]; People v ... Dominy, 116 A.D.2d 851, 852 [1986]) ... Defendant's ... contention, that he was deprived of the effective assistance ... of counsel as it related to the waiver of a jury ... ...
  • Bruno v. Heinrich
    • United States
    • New York Supreme Court — Appellate Division
    • March 10, 1994
  • People v. Wade
    • United States
    • New York Supreme Court — Appellate Division
    • November 28, 1995
    ...weapon, we dismiss in the interest of justice the count of criminal possession of a weapon in the third degree (see, People v. Medina, 202 A.D.2d 256, 257, 608 N.Y.S.2d 648, lv. denied 83 N.Y.2d 913, 614 N.Y.S.2d 395, 637 N.E.2d ...
  • People v. Medina
    • United States
    • New York Court of Appeals Court of Appeals
    • May 4, 1994
    ...614 N.Y.S.2d 395 83 N.Y.2d 913, 637 N.E.2d 286 People v. Medina (Lepido) Court of Appeals of New York May 04, 1994 Titone, J. 202 A.D.2d 256, 608 N.Y.S.2d 648 App.Div. 1, New York Denied. ...
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    • Mondaq United States
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    ...Moreover, the burden of showing that disclosure is improper is on the party resisting disclosure. Good Shepherd, 202 A.D. 2d at 258, 608 N.Y.S.2d at 648. Documents Involving Third Parties Are Generally When an insurance company hires an outside adjuster to assist in a claim, whether to inve......

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